Processing Regulations eventplanner.net
The current processing regulations (hereinafter: 'Processing Regulations' or 'Regulations') regulate the processing of personal data by Pink Minds Media in the context of eventplanner.net, the Account/User Management and the associated services (hereinafter: 'the Software'). These Regulations arise from the obligation included in Article 28 of the General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter: 'GDPR').
The terms from these Regulations follow the definition from the General Terms and Conditions of Use of Pink Minds Media, company located at Moleneinde 10, 2381 Weelde, Belgium, with VAT number BE 0892 854 217, with e-mail address email@example.com (hereinafter: 'Pink Minds Media'). This version of the document is a translation of the original in Dutch and provided for information purposes only. In case of a discrepancy, the Dutch original will prevail.
Pink Minds Media makes the Software available to users via www.eventplanner.net (and all local variants: .be, .nl, .es, .de, .co.uk, .ie, .fr, ...). When you use the Software (hereinafter: 'User'), you accept the processing of personal data in accordance with these Processor Regulations. When using the Software, the User determines the purpose and means of the processing of personal data and the User is therefore considered to be a 'controller'. Pink Minds Media is regarded as the 'processor' of the personal data that the User enters in the Software.
Pink Minds Media undertakes to comply with the following provisions when performing processing activities. The terms in these provisions should be given the usual meaning as defined in the GDPR. Unless expressly agreed otherwise in writing, the User agrees to these Regulations when the Software is used for the first time. The provisions of these Regulations take precedence over any other agreements concluded between the Parties, insofar as such agreements conflict with these Regulations.
1. Processing of personal data
Pink Minds Media processes the personal data that the User enters in the Software. This concerns the following data (hereinafter: 'Personal data'):
- Team members: when the User adds team members, Pink Minds Media processes their surname, first name and other data that are entered about the team;
- Supplier data: when the User adds data about suppliers, Pink Minds Media processes the name of the company and the VAT number, the name and position of the contact person, telephone number, e-mail address, address and other data that are entered about the supplier;
- Guests: when the User adds guest lists, Pink Minds Media processes the name, first name and any other data entered about the guests;
- Visitor registration: when the User uses the ticketing/registration module, Pink Minds Media processes the name and first name of the guests, any other data entered about the guests, as well as their presence.
Pink Minds Media processes this Personal Data on behalf of the User in order to be able to provide the services requested by the User, with the execution of the agreement as legal basis.
Any Personal Data that the User enters into the Software as a controller will be retained until the User deletes it or until the User deletes the account.
2. Data Protection Officer (DPO)
Pink Minds Media has appointed Bart Van den Brande of Sirius Legal Business Law Firm as a DPO. For all questions about these Processor Regulations the User can contact him via firstname.lastname@example.org
3. Rights and obligations of the Processor
Pink Minds Media acts exclusively on behalf of the User and only processes Personal Data that are strictly necessary for the execution of the agreement with the User. Pink Minds Media only processes the Personal Data for the purposes described in Article 1.
Pink Minds Media undertakes to regularly inform and train its staff members who are responsible for the processing of the Personal Data and the execution of the agreement with the User regarding the provisions of privacy legislation in general and the Regulation in particular.
Pink Minds Media has the right to make a backup or a copy of the Personal Data if this is strictly necessary for the execution of the agreement.
Pink Minds Media makes all necessary information available to the User to demonstrate compliance with the obligations laid down in these Processor Regulations.
4. Rights and obligations of the Controller
The User guarantees Pink Minds Media that the latter is entitled to process the Personal Data in execution of the agreement with the User. The User also guarantees to have complied with all obligations incumbent on the controller with regard to the processing of the Personal Data, both under the GDPR and any other applicable legislation or regulation.
The User, as the data controller, is responsible for providing a legal basis for the processing. In particular, the User guarantees to have obtained the required permission and authorisation to be entitled to transfer the Personal Data to Pink Minds Media and to allow Pink Minds Media to process the Personal Data in the context of the agreement between Pink Minds Media and the User.
5. Rights of the Data Subject
If Pink Minds Media receives a request from the data subject whose Personal Data are processed, to exercise his rights in accordance with the Regulation, such as, for example, the right of opposition or the right to erasure of personal data, Pink Minds Media will forward this assignment without delay to the User.
Pink Minds Media assists the User, as far as possible, in fulfilling their obligations regarding the exercise of their rights by data subjects, as well as in carrying out a data protection impact assessment. If Pink Minds Media has to incur costs (hours or other) for this assistance, it has the right to invoice the User.
Pink Minds Media is obliged to maintain the confidentiality of the Personal Data that it processes on behalf of the User.
The User gives Pink Minds Media permission to communicate the Personal Data to all persons, institutions and bodies that participate directly in the execution of the assignment when this is strictly necessary for the execution of the agreement with the User and within the limits of the Regulation.
Notification to third parties other than those described in the previous paragraph is prohibited unless this is imposed by or pursuant to the law or is required on the basis of a court order. Any legally required communication to third parties must be notified in advance by Pink Minds Media to the User.
Pink Minds Media takes appropriate technical and organisational measures to guarantee a reasonable level of security. For this, Pink Minds Media uses a procedure to periodically test, assess and evaluate the technical and organisational measures for their effectiveness for the security of the processing.
Pink Minds Media, in accordance with article 32 of the General Data Protection Regulation, takes appropriate technical and organisational measures to secure the Personal Data and its processing in order to protect the User's Personal Data against loss, hacking, destruction as well as any other form of illegal processing. If Pink Minds Media determines that unauthorised processing has taken place, it will inform the User of this within 48 hours.
Pink Minds Media will take the necessary measures to limit access to Personal Data to those employees employed by Pink Minds Media who need access to this Personal Data to be able to perform the agreement with the User.
8. Liability and Warranties
The User guarantees that the Personal Data provided is correct and complete. The User acknowledges and accepts that Pink Minds Media has no obligation whatsoever towards the User to verify the correctness and completeness of the Personal Data provided. Pink Minds Media is not liable with regard to the User on any grounds whatsoever, including liability for damage suffered by the User as a result of claims from third parties, including the person concerned as defined in the GDPR, based on the processing by Pink Minds Media of incorrect or incomplete Personal Data provided by the User to Pink Minds Media.
The User is liable for and undertakes to indemnify Pink Minds Media for any damage and costs suffered by Pink Minds Media in the context of the processing of Personal Data by Pink Minds Media in execution of the agreement with the User, including any damage that must be compensated by Pink Minds Media to a third party, including the person concerned, and that is the result of an error attributable to the User, non-compliance with its obligations under these Regulations or the inaccuracy of any guarantee provided by the User in these Regulations.
Pink Minds Media's liability is always limited to these cases specifically provided for in the GDPR. Pink Minds Media's liability is in all cases always limited to direct damage to the User. The User indemnifies Pink Minds Media at all times against all claims from third parties.
Pink Minds Media will always observe the greatest confidentiality with regard to the processed Personal Data. Personal data will not be kept longer than necessary for the execution of the agreement with the User. If Personal Data is no longer required after this, Pink Minds Media will erase them adequately and permanently remove them.
In the event of termination of the processing, regardless of the manner, Pink Minds Media will immediately and on its own initiative remove all Personal Data containing documents, computer disks, USB sticks and other information carriers, including copies thereof, regardless of whether the content of the data carriers is produced or made by Pink Minds Media, destroy the User for the processing or third parties and/or instruct sub-processors to do the necessary.
The User accepts that Personal Data cannot be immediately removed from all backups. Pink Minds Media keeps backups with Personal Data for a period of twelve months after the processing has ended. At the end of twelve months, the backups containing Personal Data are permanently deleted.
10. Transfer to third parties
Pink Minds Media does not pass on the User's Personal Data to third parties for commercial reasons. In certain cases Pink Minds Media is required by law or by court order to transfer Personal Data to third parties. For all other cases, Pink Minds Media must obtain the User's permission to pass on Personal Data to third parties (institutions, authorities, ...).
If Pink Minds Media obtains the User's prior written consent, Pink Minds Media is permitted to only make anonymous data available to third parties who do not participate directly or indirectly in the execution of the agreement with the User. Pink Minds Media guarantees that this transfer to third parties always takes place within the limits of the General Data Protection Regulation and only concerns processing with a view to archive in the public interest, scientific or historical research or for statistical purposes.
Pink Minds Media may appoint subcontractors-processors to carry out the processing activities for the User. If Pink Minds Media calls on a subcontractor-processor within the meaning of this article, Pink Minds Media concludes a written agreement with the subcontractor-processor that includes at least all guarantees, obligations and liabilities arising from these Processor Regulations.
Pink Minds Media always tries to make maximum use of European subcontractors-processors and so to keep the Personal Data within the European Economic Area (EEA) where possible. If Pink Minds Media nevertheless has to rely on non-European subcontractors-processors, it will ensure that the Personal Data is just as safe outside Europe as it is in Europe. Pink Minds Media concludes Standard Contractual Clauses with these subcontractors-processors where necessary and provides additional guarantees to secure the Personal Data.
If the subcontractor-processor fails to comply with these obligations, Pink Minds Media is liable for the fulfillment of the sub-processor's obligations. The User may request the current list of subcontractors-processors upon simple request by email and has the right to object to cooperation with a particular processor.
12. Data leaks
A data breach within the meaning of these regulations means a breach of security that accidentally or unlawfully leads to the destruction, loss, alteration, unauthorised disclosure of or access to Personal Data transmitted, stored or otherwise processed.
If a data breach is discovered, Pink Minds Media will inform the User by email as soon as possible and at the latest within 48 hours after the discovery.
After the discovery of a data breach, Pink Minds Media will keep the User informed of the measures that have been taken to limit the size of the data breach or to prevent it in the future.
The User is responsible for reporting the data breach to the supervisory authorities within the legal deadlines.