You decided to register in the Channext platform and provide content to your partners here. This involves sharing a lot of data, it is understandable that you are concerned about the safety of your data. Let us ease your mind.

Channext is the processor of data provided by the vendor. Channext does not ask for personal information. Once you as a vendor logs onto the platform, you will be asked to fill in company details such as Name, Address, Country in which you operate and preferable industries.

Initially the Vendor signs a contract (Quotation) whereby Channext’s T&C’s are accepted. In these T&C’s, GDPR is regulated in Module E.

1.1. As part of the Services, Channext may, in the capacity of processor as defined in article 28 GDPR, undertake to process personal data on behalf of the Client. If this is the case, the provisions contained in Module E shall apply.

1.2. Where, in these Standard Terms and Conditions, reference is made to terms defined in Regulation 2016/679/EU on the protection of natural persons with regard to the processing of personal data (hereinafter “GDPR”), such terms must be interpreted as having the meaning assigned to them in the GDPR.

2.1. Processing of personal data shall take place only on documented instructions of the Client and exclusively for the performance of the Agreement and for the purposes determined in consultation between the Parties.

2.2. The types of personal data that are or will be processed by Channext and the categories of data subjects to whom the personal data relates, are specified in Appendix B. Appendix B will be supplemented if new Accepted Quotations are concluded or existing Accepted Quotations are amended.

2.3. Channext shall not process the personal data for any purpose other than determined by the Client. The Client shall inform Channext of the purposes of the data processing insofar as these are not already stated in the Accepted Quotation and/or Appendix B.

2.4. Channext has no control over the purpose of and means for the processing of personal data. Channext takes no unilateral decisions about the receipt and use of the personal data, the provision to third parties and the duration of the storage of personal data.

3.1. With regard to the processing operations referred to in these Standard Terms and Conditions, both Parties shall comply, taking into account their statutory role, with the obligations imposed on them by the GDPR.

3.2. The Client guarantees that the contents, use and instructions for the processing of the personal data as referred to in these Standard Terms and Conditions are not unlawful and do not infringe upon any right of third parties. The Client indemnifies and holds Channext harmless from any legal claims (including administrative penalties) of supervisory authorities and third parties in this regard.

3.3. Channext shall provide the Client with all reasonable assistance necessary for Client to comply with its obligations resulting from the applicable privacy legislation. In this regard, Channext shall provide the Client with reasonable assistance in case applicable privacy legislation requires a Data Protection Impact Assessment to be conducted before the intended processing of personal data may be carried out. Channext may charge reasonable costs for the aforementioned assistance.

4.1. Channext is permitted to process the personal data in countries within the European Economic Area (hereinafter: “EEA”). Transfer to countries outside the EEA, is permitted only with due observance of the GDPR and other applicable laws and regulations.

4.2. Channext will notify the Client upon first request about the country or countries outside the EEA where personal data is being processed by Channext on behalf of the Client.

5.1. The permitted processing operations shall be performed by Channext in a (semi-) automated environment.

5.2. Channext is solely responsible for the processing of personal data under the Agreement in accordance with the instructions of the Client and under the final responsibility of the Client.

5.3. Channext is not responsible for other processing activities, including in any case but not limited to the collection of personal data by the Client, processing by third parties engaged by the Client and processing for purposes falling outside the scope of the Agreement.

6.1. The Client authorizes Channext to engage third parties (hereinafter: “Sub-processors”) in the processing of personal data, pursuant to the obligations laid down in Module E and taking into account the GDPR and other applicable privacy laws and regulations.

6.2. If Channext intends to engage a new Sub-processor, Channext shall notify the Client in advance. The Client may lodge a duly substantiated objection against the engagement of the Sub-processor in writing within 14 days of notification. If the Client does not lodge an objection within 14 days of notification, the Client shall be deemed to have accepted the engagement of the Sub-processor.

6.3. If the Client lodges a complaint against the engagement of a Sub-processor, Channext may not be able to (fully) provide its Services to the Client. Parties shall endeavor to find an appropriate solution within 30 days after the Client lodged an objection. If the Parties cannot find a solution, Channext shall have the right to engage the Sub-processor and the Client will have the right to terminate the Accepted Quotations under which the Sub-processor will be engaged.

6.4. Channext shall impose obligations at least as stringent as the obligations of Channext under Module E upon any Sub-processors engaged in the processing of personal data.

7.1. Channext shall take appropriate technical and organizational measures to protect the personal data against loss or any form of unlawful processing (such as unlawful destruction, loss, alteration, unauthorized disclosure or unauthorized access to the personal data). In this regard, Channext will take the security measures laid down in Appendix C.

7.2. The Client acknowledges that the security measures laid down in Appendix C provide an appropriate level of protection of the personal data being processed by Channext under the Agreement.

7.3. Parties acknowledge that technology is constantly improving, therefore the Channext is allowed to change the technical and organisational measures from time to time. Channext endeavours to only update the technical and organisational measures for the better, taking into account the state of technology, the costs of implementation and the user experience.

7.4. The Client will inform Channext if, in the opinion of the Client, additional security measures must be taken in order to comply with applicable privacy legislation.

8.1. In the event of a personal data breach, Channext shall inform the Client within 48 hours after it has discovered the personal data breach.

8.2. Channext shall provide information to the Client regarding the nature of the personal data breach including, where possible:

a. the categories and approximate number of data subjects concerned;

b. the approximate number of personal data records concerned;

c. the name and contact details of the data protection officer or other contact point where more information can be obtained;

d. the likely consequences of the personal data breach; and

e. the measures taken or proposed to be taken to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

8.3. The Client shall assess whether it will inform the competent supervisory authorities and/or data subjects concerned about the personal data breach. Upon request of the Client, Channext shall cooperate in informing the competent supervisory authorities and/or data subjects concerned. Costs made by Channext in this regard shall be borne by the Client.

9.1. In the event that a data subject addresses a request concerning one of his/her statutory rights regarding his/her personal data as referred to in the GDPR to Channext, Channext shall forward the request to the Client. The Client will subsequently handle the request. Channext may inform the data subject that the request has been forwarded to the Client.

9.2. Channext shall, if requested by the Client, provide assistance to the Client to comply with requests of data subjects. Reasonable costs made by Channext in this regard shall be borne by the Client.

10.1. All personal data that the Channext receives from the Client and/or collects within the context of the Agreement, is subject to an obligation of confidentiality towards third parties. Channext will refrain from using personal data for any purpose other than that for which it has been acquired.

10.2. This obligation of confidentiality shall not apply insofar as the Client has given explicit consent for the personal data to be provided to third parties, if disclosure of personal data to third parties is reasonably necessary for the implementation of the Agreement, or if there is a legal obligation to provide the personal data to a third party.

11.1. The Client is entitled to have audits conducted by an independent professional third party bound to observe confidentiality in order to verify compliance with this Module E.

11.2. This audit will only take place if the Client, after requesting and assessing already available audit reports, provides reasonable arguments that justify a (new) audit initiated by the Client. An audit is justified when already available audit reports do not provide sufficient information about compliance with these Standard Terms and Conditions.

11.3. The audit initiated by the Client will take place with a maximum of once per year. Above this maximum audits will only take place in case the Client has reasonable grounds to suspect that Channext does not comply with the GDPR and/or the provisions in this Module E. Audits must be announced in writing at least two weeks in advance. The Parties shall mutually determine when and by whom audits will be performed.

11.4. Channext shall (i) provide all reasonable cooperation to the auditor, (ii) provide relevant information to the auditor, and (iii) make available its relevant personnel if reasonably requested by the auditor, within a reasonable period of time with a maximum of two weeks.

11.5. Findings of the auditor shall be assessed by the Parties in mutual consultation and, if necessary, be implemented by one of the Parties or both Parties jointly.

11.6. All costs related to the audit (including the reasonable costs made by Channext) shall be borne by the Client.

12.1. In the event of termination, dissolution or notice of termination of these Standard Terms and Conditions, Channext shall of its own accord (i) provide to the Client all personal data obtained from or on behalf of the Client in a manner and format agreed upon by both Parties, (ii) cease the processing of personal data on behalf of the Client, and (iii) permanently delete all personal data.

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