TRADE TRACKER - Main Agreements Concerning Co-management
- To the extent that personal data are processed within the framework of the Program, the Client and TradeTracker INT are considered co-managers within the meaning of the General Data Protection Regulation (GDPR), and this article qualifies as the arrangements described in Art. 26 of the GDPR. The personal data of the concerned individuals, which may be processed by TradeTracker INT in this context, are data on the traffic (under which IP addresses) of the Client's customers (consumers).
- TradeTracker INT processes personal data in the manner described in Article 1, solely for the purpose of providing the Program. The Client also processes personal data in the manner described in point 1 for its own objectives, for which TradeTracker INT is not responsible.
- The Client declares and guarantees that the content, use, and instructions concerning the processing of relevant personal data within the framework of the Program are not illegal and do not violate any third party and/or concerned individuals' rights. In this context, the Client releases TradeTracker INT from any claims and potential actions related to the processing of personal data. Specifically, the Client provides a justified legal basis for the processing of personal data and informs its customers about the existence and use of the Program. In the absence of a justified legal basis, the Client shall immediately inform TradeTracker INT.
- Data related to TradeTracker INT's services and the execution of contractual obligations within the affiliate network, as well as between Advertisers and Publishers, are physically stored in the EU/EEA.
- TradeTracker INT will make every effort to provide appropriate technical and organisational measures in terms of processing personal data and will strive to ensure security at a level that is not unreasonable, considering the state of technology, the sensitivity of the data, and the costs associated with preparing security provisions. The Client will act in the same way regarding the personal data collected by the Client and shared with TradeTracker INT.
- In the event of a personal data breach (as defined in Art. 4 para. 12 of the GDPR, which means an accidental or unlawful breach of security leading to the destruction, loss, alteration, or unauthorized disclosure of or access to data transmitted, stored, or otherwise processed) concerning the personal data mentioned in Article 1, the Parties will do everything possible to inform each other without undue delay and within 36 hours of their discovery. TradeTracker INT will inform the Client of breaches in the TradeTracker INT systems, while the Client will inform TradeTracker INT of breaches in the Client's systems. The Parties will decide whether to inform the competent supervisory authority and/or the concerned individuals, and which of the Parties will do so. The Parties will mutually transmit all relevant information on the data breach, to the extent of their availability.
- Notification of a data breach by the Parties only occurs when the data breach has actually taken place, and not when only a (theoretical) vulnerability can be discussed.
- If the concerned individual submits a request to one of the Parties to exercise one of their rights, then that Party will examine this request independently. In cases where one of the Parties requires the cooperation of the other Party for the execution of the rights by the concerned individual, the Parties will provide this cooperation to the extent possible and in a reasonable measure.
- All personal data received by TradeTracker INT from the Client and/or collected by TradeTracker INT within the framework of the Program are subject to a duty of confidentiality towards third parties. This duty of confidentiality does not apply in cases where the Client has expressly authorized the disclosure of such information to third parties, when the disclosure of information to third parties is justified by the Program and/or the Affiliate Program, or if there is a legal obligation to disclose information to a third party. If TradeTracker INT is legally obliged to disclose information to a third party, TradeTracker INT will immediately inform the Client to the extent permitted by law.