This Data Processing Agreement ("Agreement") is between TUTERRIA LTD ("KWIGA" or "We") and you ("Expert" or "You"), and is part of our Terms of Use and Privacy Policy when Protection Laws personal data is used in the processing of student or expert data (as indicated below).
When using the KWIGA Services (as set out in the KWIGA Terms of Use), the Expert may upload, send or otherwise provide content to the KWIGA platform ("Expert Content"). The expert is the owner of the Expert Content and the sole Controller of any type of personal data admitted to it Expert content ("Expert data"). KWIGA undertakes to collect expert data on behalf of the expert. KWIGA is an Expert Processor of content and expert data in accordance with applicable law and regulated by it.
To add Experts and Students, and to allow Experts to provide services to their Students, KWIGA gives Experts access to a set of personal data of registered Students ("Student Data"), as specified in our Privacy Policy. KWIGA and Experts may use Student Data for their own business purposes, but only in accordance with the terms of this Agreement, our Terms use and our Policy privacy. As set forth in this Agreement and subject to applicable laws, KWIGA and The Assessors are independent controllers of the Student Data collected by KWIGA, which is available or may be submitted to the Experts.
Terms used but not specified in this Agreement are available in our Terms of Use. To avoid questions or doubt, this Agreement includes the Data Processing Agreement, any annexes thereto and the Standard contractual provisions (as set forth in this Agreement).
1.1. The Parties understand and agree that the Expert is the Controller and KWIGA is the Processor acting from the name of an Expert in relation to Expert Data and Student Data collected directly by an Expert, as specified in Appendix A to this Agreement.
1.2. The parties understand and agree that each of KWIGA and the Expert acts as an independent Controller for the processing of student data collected by KWIGA and transferred to or transferred to the Expert. In avoid questions and doubts KWIGA and Expert are always independent controllers of student data.
2.1. The expert is obliged
2.1.1 when using KWIGA services and processing expert and student data, act in accordance with applicable law, including but not limited to data protection laws.
2.1.2 provide to KWIGA the student's expert data for processing in accordance with our Terms of Use and this Agreement, and be solely responsible for the accuracy and legality of the Expert Data and the means by which Expert received Expert data.
2.2. Instructions for the Expert. The expert appoints KWIGA responsible for the processing of expert data on his behalf and in according to the instructions of the Expert.
2.2.1 in accordance with our Terms use and this Agreement;
2.2.2. if necessary, comply with applicable law;
2.2.3 subject to written agreement.
2.3 The parties acknowledge that our Terms of Use and this Agreement are documented instructions Expert KWIGA regarding the processing of Expert Data, and any processing beyond the scope of these instructions, requires prior written agreement between the parties. The expert ensures that the documented KWIGA's data processing expert's instructions will not cause KWIGA to violate any applicable laws, including personal data protection laws.
3.1. KWIGA processes Expert Data in accordance with applicable Personal Data Protection Laws and in according to Terms of Use, Privacy Policy and this Agreement. KWIGA processes Expert Data only in accordance with documented instructions Expert.
3.2. KWIGA shall notify the Expert if it becomes aware or reasonably believes that the documented instruction of the Expert violates the Laws on the protection of personal data.
3.3. Confidentiality. KWIGA warrants that its employees, authorized agents and any third parties, authorized to process Expert Data must comply with their confidentiality obligations regarding Expert data.
3.4. Help an expert. KWIGA undertakes to assist the examiner in fulfilling his obligations under current legislation on the protection of personal data. Notwithstanding the foregoing, the Expert agrees that this is not force KWIGA to process personal data that may pose a high risk to the rights and freedoms of subjects data.
4.1. Expert data. Within the framework of KWIGA, KWIGA services provide the Expert with a number of specific self-service functions, which the Expert may use to fulfill its obligations under the Data Protection Laws to responding to requests from data subjects regarding Expert Data.
4.2. Student data. Each party to this agreement undertakes to immediately and within the time limits required by law on the protection of personal data, respond to requests received by data subjects regarding the processing of applicable student data. If the Assessor receives requests for data relating to Student Data, the Assessor shall promptly (and necessarily within three business days) notifies KWIGA and provides KWIGA with a copy of the request.
4.3. Given the nature of the processing, KWIGA assists the Expert in fulfilling his obligations under data protection in connection with requests for data.
5.1. Security measures. Taking into account the state of technical developments and the nature of the processing, KWIGA is committed to develop and maintain appropriate technical and organizational measures to protect expert data from unexpected, unauthorized or unlawful destruction, loss, alteration, exposure to hazards or access according to KWIGA safety standards.
5.2. Personal data violations. In the event that KWIGA discovers any Personal Data Breach, relating to Expert Data or Student Data, KWIGA shall promptly notify the Expert of the violation of Personal Data at the email address associated with the main account of the owner of the Expert.
5.3. Compliance obligations. To ensure compliance with existing KWIGA Data Protection Laws provides the Expert with the information necessary to confirm compliance with legal obligations related to processing the Expert Data by KWIGA on behalf of the Expert.
5.3.1. KWIGA responds to all reasonable requests for information made by the Expert, to confirm KWIGA's compliance with this Agreement upon the Expert's written request to support@kwiga.com
6.1. Unless otherwise required by the Data Protection Act, KWIGA's responsibility for this Agreement is limited to the amount specified in our Terms of Use.
7.1 This Agreement is governed by the laws of the Republic of Cyprus.
If you have questions or concerns about this Agreement, the Platform, the KWIGA Services, or the Content, you You can contact us at the physical or email address below. Note: KWIGA office is not open for public visits:
Tuterria LTD
Email: support@kwiga.com