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Terms and Conditions

This Agreement is a binding agreement between the users and PT SportSuite. It sets out the general terms and conditions for the use of the website and governs the submission of any material for publication on this website.

By making use of this website and the Services provided, you agree that you shall be bound by the entire Terms and Conditions of use of this website. We may amend the Terms from time to time. Any new version of the Terms will be published and will become effective from the date that we first published it. By continuing to use our website and Services after we published changes to the Terms, you agree to be bound by the changed Terms.

DEFINITIONS AND INTERPRETATION

“Agreement” means these terms and conditions or any amendments thereto as PT SportSuite shall publish from time to time;

“the/this website” means the  PT SportSuite website as owned by  PT SportSuite, include all the entities under the common control and ownership of  PT SportSuite.

“Intellectual Property Rights” means any intellectual property whether protected by common law or under statute including (without limitation) copyright, registered and unregistered trademarks and any proprietary rights;

“Publication” means any submission of any kind of material and/or contents by the users of this website in terms of this Agreement to be published by PT SportSuite as the internet intermediaries providing service to the users;

“Services” means the online platform, forum and Classifieds services provided by  PT SportSuite by which a person, firm or company may submit any material and/or contents, or communicate in a social forum with like-minded users on this website;

“Website” means the website by which  PT SportSuite offers the Services from time to time;

“user” or “users“, “you”, “your” or “yours” for the purposes of this Agreement, means any person, firm or company, or someone who is otherwise using the website;

“your information” includes all information you provide to us in using this website, including, without limitation, as applicable:

(a) your registration details, including name and address details;

(b) your material and/or contents submitted and published on this website;

(c) the information that we learn about you as a result of your use of this website, including without limitation, through the goods and services you post on this website.

PART 1: TERMS AND CONDITIONS

  1. Acceptable Use Policy (AUP) 
    1. By accessing this website, or by contracting with us for Services, you agree, without limitation or qualification, to be bound by this AUP and the Terms and Conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this website. 
    2. The purpose of this AUP is to comply with the relevant laws of the United Kingdom; to specify to the users of our website what activities and online behaviour is considered an unacceptable use of the website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities. 
    3. PT SportSuite respects the rights of the users of our Services and the website to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our Constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our website. 
    4. This agreement contains a number of legal obligations with which you are presumed to be familiar with, and understand under which you are permitted to access and use this website.
       
  2. Unlawful use 
    1. PT SportSuite may only be used for lawful purposes and activities. We prohibit any use of our website including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the United Kingdom. This includes: 
    2. Any violation of local and international laws prohibiting child pornography; obscenity; discrimination including racial, gender or religious and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm. 
    3. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the United Kingdom or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material. 
    4. Any violation of intellectual property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover, PT SportSuite cannot be held liable if you make any unlawful use of any material or content accessed on the website, whether for commercial or non-commercial purposes. 
    5. Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent. 
    6. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with PT SportSuite on behalf of another subscriber without their consent. 
    7. Any violation of the exchange control laws of the United Kingdom. 
    8. Any activity that results in the sale, transmission or distribution of pirated or illegal software. 
  3. Unsolicited, Spam, Junk mail and Virus 
    1. Spam and unsolicited bulk mail are highly problematic. They affect the use and enjoyment of services by other users and often compromise security. PT SportSuite will take immediate and firm action against any user engaging in any of the following unacceptable practices: 
    2. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail; 
    3. Operating or maintaining mailing lists without the express permission of all recipients listed; 
    4. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients; 
    5. Using the website to collect responses from unsolicited email sent from accounts on other internet hosts or email services that violate this AUP or the AUP of any other internet service provider. 
    6. The users agree not to use this website to distribute computer viruses or other malicious code, or attempt any unauthorized access to any part or component of the website; not to cause the whole or any part of the website to be interrupted, damaged, rendered less efficient, or to damage the effectiveness of the website in any way; and not to access, without authority, or interference with, any part of this website or any software used in the provision of this website. 
  4. Intellectual Property 
    1. PT SportSuite will retain the intellectual property and copyrights of this website (including without limitation, all names, logos, trademarks, the website design and its look, videos, photographs, text, documents, selection and arrangement of elements, databases, organizations, compilations, magnetic translation, digital conversion, computer codes contained in the website) and are protected by copyright, trademarks, database rights and any other intellectual property rights. This includes the Material and content uploaded or submitted on the website. 
    2. PT SportSuite is entitled to post and publish for the public all of the Material and content made available on our website or through our Services and shall retain the right to edit, amend, modify, decompile, make an adaptation of, incorporate the content into any other content for whatever purpose, the Material and content submitted or uploaded on this website. 
    3. PT SportSuite will have a right to remove any Material or content hosted by which we consider as illegal Material or content or for which we receive a take-down notice. 
    4. You agree not to display or use the trademarks, product names, company names, logos, trade names of other owners without the prior written consent of such owners. PT SportSuite shall not be liable for any infringement by you of the any intellectual property or other rights of any person or entity arising out of your Material and Content made through the use or services of this website. 
    5. You agree to adhere to our AUP and these Terms and Conditions when posting or transmitting any Material or Content to our website or services. 
  5. Links to other Websites 
  6. This website may contain links to, and/or advertisements for websites maintained by us, in addition to links to websites maintained by unrelated companies and persons (third party websites). A link to, or advertisement of, a third party website does not mean that we approve, endorse or accept any responsibility for that third party website, its contents or use, or the use of products or services made available through third party websites. We are not responsible for the actions, contents, accuracy, or opinions expressed, privacy policies, product or services provided through these links or made available through these resources, or appearing in such third party websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance of the third party websites. Such third party websites are not regulated, monitored, investigated or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise, about any websites which you may access through this website, including contents thereof. If you exit this website to access the other websites you do so at your own risk.
     
  7. Exclusion of Liability 
    1. You use our website and Services at your own risk. 
    2. While we endeavour to ensure that the information on our website is correct, we do not warrant the accuracy and completeness of Content on our website or that the Content and technology available from our website is/are free from errors or omissions. 
    3. We may make changes to the Content on our website at any time without notice. The Content on our website may be out of date, and in this regard, we make no commitment to update such Content. 
    4. To the extent allowed by law, PT SportSuite, its affiliates, service providers, licensors, shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our website or Content provided from or through our website or Services. 
    5. Our website is/are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our website will meet your individual requirements and be compatible with your hardware and/or software. 
    6. Any material, information, ideas and opinions expressed on our website should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website; and if obtained by you, it is done so at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data that results from obtaining the material. 
    7. You agree that to the fullest extent permitted by law, we on behalf ourselves, employees, agents, suppliers, and contractors, exclude liability for any losses and expenses of whatever nature howsoever arising, including, without any limitation, any direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss caused by virus, loss of income and profit, loss or damage to property, claims from third parties, or other losses of any kind, even if you have been advised of the possibility of such damage or losses, arising out of or in connection with the access to and use of this website or any linked websites. 
    8. We reserve the right from time to time, without notice and in our sole discretion, to modify, edit, delete, suspend or discontinue, temporarily or permanently , this website (or part thereof), or the information, material, products or services available through this website (or part thereof), terminate your account, and/or block your use of the website. 
  8. Indemnity 
    1. You agree to indemnify and release and hold harmless as well as our officers, directors, agents, and representatives and employees from any claims, liability, loss, expense or demand, including reasonable legal costs, related to breach of these Terms, including the breach by you of any intellectual property or other right of any person or entity, or any other liability arising out of use of this website. 
  9. Jurisdiction 
    1. This website is controlled by PT SportSuite from its offices. You agree that you are responsible for compliance in terms of the applicable law of the United Kingdom.
       

PART 2: GENERAL TERMS AND SUBMITTING MATERIAL TO PT SPORTSUITE

  1. Acceptance 
    1. If you wish to submit any contribution, including any content, material, digital video or audio material, text, photograph or graphics (“Material”) to the website, you must register and open an account with PT SportSuite, subject to you agreeing to be bound by these Terms and Conditions.
       
  2. Registration and opening an Account 
    1. When you register we collect personal information such as your name, address, email address, telephone and fax numbers. This information is used to contact you about the Services on our website for which you have expressed interest. 
    2. We may, at our sole discretion, request additional personal information from you. You may be required to confirm such details as your identity, address and contact information for security and verification reasons. This information may include copies of ID documents, passports, utility bills, licenses, or any other documentation related to your use of this website (but not limited to this). 
    3. When you register with PT SportSuite you will have a user account (PT SportSuite). You are expressly prohibited from using any other PT SportSuite Account without our permission. In creating your PT SportSuite Account, you represent and warrant that all the information you provide is accurate and complete, and you will notify us as soon as reasonably possible if such information changes. 
    4. You are solely responsible for any activity occurring on your PT SportSuite Account. You must keep your PT SportSuite Account password secure and notify PT SportSuite immediately of any breach of security or unauthorized use of your PT SportSuite Account. 
    5. PT SportSuite accepts no liability for your losses caused by any unauthorized use of yourPT SportSuite Account; however, you may be liable for losses incurred by PT SportSuite or other third parties due to such unauthorized use. 
    6. PT SportSuite will show your name or nickname (as specified by you when you open your PT SportSuite Account) with any Material you submit to the website, unless you request otherwise when you set up your PT SportSuite Account, but for operational reasons this is not always possible. PT SportSuite accepts no liability whatsoever if you are identified or identifiable from any Material you submit to the website. 
    7. PT SportSuite may need to contact you for administrative or verification purposes in relation to your Material, or in relation to particular projects or assignments. You understand that by agreeing to create the PT SportSuite Account you may receive mailings and/or telephone calls from us. For full details of when and how we may use the information you provide to us please see these Terms and Conditions. 
  1. PT SportSuite Account Termination Policy 
    1. PT SportSuite may terminate a user’s access to its website if, in its sole discretion, it determines that user to be a perceived, serious, or repeat infringer, or for any other reason whatsoever. 
    2. PT SportSuite reserves the right to decide whether Material submitted by any user is appropriate and complies with these Terms and Condition for violations other than copyright infringement, such as, but not limited to, pornography, obscenity or defamatory material, breach of privacy or other breach of an individual’s Constitutional rights. 
    3. PT SportSuite may remove such Material or content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 
  2. Uploading or Submitting Material 
    1. You may upload or submit any Material or content to this website which you believe may be of general interest to the public. 
    2. You are prohibited from uploading or submitting any gratuitously offensive, obscene, libellous or defamatory Material, or any other Material that infringes on any right whatsoever of any third party conferred by law, including our Constitution, code of practice in terms of ISPA see https://ispa.org.za/code-of-conduct/ 
    3. By submitting Material you warrant and undertake that such Material or content:- 
      1. Is your own original work or that you have obtained all the necessary rights to submit the Material; 
      2. Was not produced by you in the course of your employment or you have obtained the necessary consent from the employer; 
      3. Do not infringe on Copyright laws, constitutional rights or upon common law right, intellectual property right, or any other similar right of a third party and is not defamatory, amount to hate speech, obscene or constitutes enticement to cause harm; 
      4. Was not taken by any illegal, unlawful means that violates any third party’s privacy or publicity rights; 
      5. Where it includes images of children under age 16, the images have been obtained with the consent (in writing) of a relevant parent or carer adult. 
      6. You hereby grant us the non-exclusive license to access your Material through the website, and to use, reproduce, distribute, display and perform and sublicense to distributors, resellers and end users such Material as permitted in accordance with the relevant licences and as imposed through the Service of the website and under these Terms and Conditions.
         
  3. Entering into this Agreement 
    1. You represent and warrant to us you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement. 
    2. if you are a juristic entity that you are duly incorporated and have been issued with a certificate of commencement of business and have the right to enter into this Agreement and does not violate your company constitution; and you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
       
  4. Disclaimer and Limitation of Liability 
    1. Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this website, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following: 
      1. a failure, or error in the operation, of all or any part of this website, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason; 
      2. any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this website or network resources or any other computer systems or network resources to which they may be connected by any persons; 
      3. whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings; 
      4. any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition; 
      5. any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this website, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives; 
      6. any reliance on, the information and material contained on this website about any goods and services or any other information or Material whatsoever, or any information and Material contained on, and the privacy of, third party websites linked to this website; 
      7. any feedback and comments made by you, or about you; 
      8. any action taken by us under this Agreement; or 
      9. any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives. 
  5. Entire Agreement 
    1. This Agreement constitutes the entire Agreement between you and PT SportSuite. 
    2. Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail. 

GDPR

Clause 1

Definitions

For the purposes of the Clauses:

(a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b) ‘the data exporter’ means the controller who transfers the personal data;

(c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

Clause 3

Third-party beneficiary clause

  1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.
  2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.
  3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
  4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

Clause 4

Obligations of the data exporter

The data exporter agrees and warrants:

(a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

(c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

(d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e) that it will ensure compliance with the security measures;

(f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

(i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j) that it will ensure compliance with Clause 4(a) to (i).

Clause 5

Obligations of the data importer

The data importer agrees and warrants:

(a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d) that it will promptly notify the data exporter about:

(i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;

(ii) any accidental or unauthorised access; and

(iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

(f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

(g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

(i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;

(j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

Clause 6

Liability

  1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.
  2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

  1. If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.

Clause 7

Mediation and jurisdiction

  1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

(a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

(b) to refer the dispute to the courts in the Member State in which the data exporter is established.

  1. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Clause 8

Cooperation with supervisory authorities

  1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.
  2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.
  3. The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).

Clause 9

Governing law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.

Clause 10

Variation of the contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

Clause 11

Sub-processing

  1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
  2. The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.
  3. The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.
  4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

Clause 12

Obligation after the termination of personal data-processing services

  1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.
  2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.

Appendix 1

to the Standard Contractual Clauses

This Appendix forms part of the Clauses.

Data exporter

The data exporter is doing one of the following:

(a) Is purchasing a CIS SecureSuite Membership; or

(b) is entering into a CIS Controls Supporter License Agreement with CIS to allow data exporter to utilize the CIS Controls for consulting or other commercial purpose.

Data importer

The data importer is (please specify briefly activities relevant to the transfer):

Center for Internet Security, Inc., is a not for profit entity providing cybersecurity products and services, including the CIS SecureSuite membership and the CIS Controls. Data importer has accepted and will process the personal data specified for purposes of providing data exporter either a CIS SecureSuite membership or a CIS Controls Supporter license.

Data subjects

The personal data transferred concern the following categories of data subjects (please specify):

  • Employees of data exporter
  • officers and/or owners of data exporter

Categories of data

The personal data transferred concern the following categories of data (please specify):

  • Company or personal name
  • IP address
  • Email address
  • Mailing address

Processing operations

The personal data transferred will be subject to the following basic processing activities:

SecureSuite Memberships

Data obtained through the SecureSuite registration process and profile control activities is stored in a database that retains all personal data in a single table. The access control for the underlying control is managed via specific permissions and role based access. The rectification and modification of such data is at the discretion of the data exporter; updates are made through the SecureSuite interface through the “Edit My Info” link.

A membership purchasing service is available through a “buy it now” function on the registration page. If a new organization is confirmed from the initial request for the subscription service, a link between the hosted “buy it now” function confirm and contacts a sales database for identification and registration of the sale. This contact is initiated between a sales database and an enterprise customer relationship management (CRM), the CRM will provide the first name, last name, email address and company information to the SecureSuite and email confirmation will be initiated to the purchaser for account setup and provisioning with other personal data.

The login procedure will utilize the user table to confirm access based on a password based authentication process, a record of the IP address of the current data exporter is stored with each login on the same user table.

The data is also located in a backup; backup procedures are performed incrementally on a daily basis and a full backup weekly.

CIS Controls Supporter Licenses

The information will be included in the license document to be maintained on CIS’s system and the information will be maintained in a Salesforce database in order to contact Data Exporter concerning changes to the license as needed.

The data is also located in a backup; backup procedures are performed incrementally on a daily basis and a full backup weekly

Appendix 2

to the Standard Contractual Clauses

Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c):

Security documentation framework is a set of defined processes for the management and control of specific privacy requirements pertinent to international data privacy laws is in effect for all systems containing, maintaining, storing or processing personal data.

Procedural processes and communication of requirements for ‘privacy by design’ and privacy awareness training have been disseminated and is continually refreshed. These provide a foundation of implementation and project management with emphasis on change control that effected systems would be reviewed and data protection impact assessments performed, both initially to establish the risk managed approach and continually for change requirements.

Incident management and response notification processes are in place to manage the enhanced notification requirements.

Data supplied by data exporter shall be maintained for the duration of Member’s membership or the duration of the CIS Supporter license, as applicable. Upon termination or expiration of Data Exporter’s SecureSuite membership or Supporter License, Data exporter’s information shall be deleted from CIS’s databases, except such information as shall be required for audit and legal purposes. Upon request of Data Exporter or any of its employees, an individual’s data shall be removed from CIS’s database within 30 days of receipt of such request.

 

 

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