1.1 The purpose of this Agreement is to ensure that personal data is shared and stored in accordance with the GDPR and to establish a lawful basis for the processing of personal data.
2.1 "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.2 "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
2.3 "Data Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
3.1 The Parties agree to share personal data for the purpose of having the opportunity to receive rewards and become part of the AVØLVE ecosystem and community.
3.2 AVØLVE shall ensure that personal data is shared in accordance with the GDPR, including but not limited to obtaining valid consent from data subjects and implementing appropriate technical and organisational measures to protect personal data.
3.3 AVØLVE shall ensure that personal data is only shared with third parties who have entered into a written agreement with AVØLVE, in which the third party commits to processing personal data in accordance with the GDPR.
4.1 AVØLVE shall store personal data in accordance with the GDPR, including but not limited to implementing appropriate technical and organisational measures to protect personal data.
4.2 AVØLVE shall ensure that personal data is only stored on servers located within the European Economic Area, unless adequate protection for personal data can be ensured by other means, such as standard data protection clauses adopted by the European Commission.
5.1 AVØLVE shall ensure that data subjects have the right to access their personal data, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object to processing.
6.1 AVØLVE shall be liable for any damage caused by processing personal data in violation of the GDPR.
6.2 AVØLVE shall indemnify each other from and against any claims brought by data subjects as a result of a breach of the GDPR by the other Party.
7.1 This Agreement shall come into effect on the date of execution and shall remain in effect until the completion of the purpose for which the personal data is shared or until termination by either Party with written notice.
8.1 This Agreement shall be governed by and construed in accordance with the laws of The Netherlands.