This PERSONAL DATA SUBCONTRACTING AGREEMENT ( "DPA") is concluded between CLIMATE PLUS, a simplified joint stock company registered with the Nanterre Trade and Companies Register under number 882 641 160, whose registered office is located at 120 rue Jean Jaurès, 92300 Levallois-Perret ("SAMI") and its client identified in the Quote (the "Client"). SAMI and the Client are hereinafter individually referred to as the "Party" and collectively as the "Parties".
The Client has accepted the general terms and conditions of sale and use and SAMI's quote (the "Main Contract") under which SAMI undertakes to provide its services to the Client. In this context, SAMI is required to process personal data on behalf of and for the Client, as a Subcontractor, while the Client acts as Data Controller under the European Data Protection Regulation (the "GDPR") and the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms in its latest version in force (the "LIL"). The GDPR and the LIL are hereinafter collectively referred to as the "Applicable Regulations".
The Parties have therefore come together to formalize, by the present agreement, the conditions and characteristics of personal data processing carried out by SAMI as part of the services provided to the Client.
The terms in capital letters have the meaning given to them by the Applicable Regulations. The terms in capital letters not defined by the Applicable Regulations have the meaning given to them in the Main Contract.
The characteristics of the processing are described in the Annex to this DPA.
This DPA is an integral part of the Main Contract and is therefore concluded for the same duration as the Main Contract. Given the interdependence of this DPA and the Main Contract, the termination of the latter, for any reason whatsoever, results in the termination of this DPA.
4.1. Data processing
SAMI undertakes to process personal data only for the purposes listed in the Annex to this DPA and in accordance with the Client's documented instructions, including with regard to the transfer of data outside the European Union. SAMI undertakes to inform the Client if, in its opinion, an instruction constitutes a violation of the Applicable Regulations. In addition, if SAMI is required to transfer data to a third country or to an international organization, under the law applicable to this DPA, it must inform the Client of this legal obligation before the processing, unless the law concerned prohibits such information for reasons of substantial public interest.
4.2. Security and confidentiality of data
SAMI undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup as well as the restoration of their availability in the event of a physical or technical incident.
SAMI also ensures that persons authorized to process personal data are subject to an obligation to preserve confidentiality.
4.3. Other subcontractors