Last updated May 17, 2021
PLEASE READ THIS DOCUMENT ATTENTIVELY
This Data Processing Agreement ("Agreement") composed between KWIGA, Inc. ("KWIGA" or "Us") and you ("Expert" or "You") are part of our Terms of Use and Privacy Policy when Data Protection Laws are used in the processing of student or expert data (as shown below).
When using KWIGA services (as indicated 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 only Controller of any personal data admitted in its Expert Content ("Expert Data"). KWIGA is pledged to collect expert data on behalf at the instance of the expert. KWIGA is the Expert Content and Expert Data Processor in accordance with and governed by the laws.
To add Experts and Students and allow Experts to provide services to their Students, KWIGA provides Experts with access to the set of personal data of Students registered in their services ("Student Data") as specified in our Privacy Policy. KWIGA and the Experts may use the Student Data for their business purposes, on any occasion per the terms of this Agreement, our Terms of Use, and our Privacy Policy. KWIGA and the Experts are independent Supervisors, as indicated in this Agreement and in accordance with and governed by the laws, Student Data collected by KWIGA that are available or can be transferred to the Experts.
Terms used but not indicated in this Agreement are available in our Terms of Use. To avoid questions or doubts, this Agreement includes the Data Processing Agreement, any attachments thereto, and the Standard Contractual Provisions (as indicated in this Agreement).
1.1. The Parties understand and agree that the Expert is the Controller and KWIGA is the Processor acting on behalf of the Expert regarding the Expert Data, and the Student Data collected directly by the Expert as per Appendix A of this Agreement.
1.2. The Parties understand and agree that each of KWIGA and Expert acts as an independent Controller to process Student Data collected by KWIGA and made available to or transmitted to the Expert. To avoid questions and doubts, KWIGA and Expert are always independent (unaligned) student data controllers.
2.1. The expert is obliged to
2.1.1 act by applicable laws, including, but not limited to, Data Protection Laws, in the use of KWIGA services and processing of expert and student data
2.1.2 ensure that he can transfer or make available to KWIGA Student Expert Data and Data for processing under our Terms of Use and this Agreement, and
2.1.3 be solely responsible for the accuracy and legality of the Expert Data and how the Expert received the Expert Data.
2.2. Instructions for the expert. The Expert shall designate KWIGA to be responsible for the processing of expert data on their behalf and per the Expert's instructions
2.2.1 per our Terms of Use and this Agreement;
2.2.2. if necessary to comply with existing legislation;
2.2.3 in accordance with the written agreement.
2.3 The Parties confirm that our Terms of Use and this Agreement are documented instructions from the Expert to KWIGA regarding the processing of the Expert Data, and any processing beyond the scope of these instructions requires a prior written agreement between the parties. The Expert guarantees that the documented instructions of the KWIGA Expert Data Processing Expert will not result in KWIGA violating any applicable laws, including data protection laws.
3.1. KWIGA processes the Expert Data according to the applicable Data Protection Laws and according to the Terms of Use, the Privacy Policy, and this Agreement. KWIGA processes Expert Data only per the Expert's documented instructions.
3.2. KWIGA shall notify the Expert if it becomes aware or reasonably appears that the Expert's documented instruction violates the Data Protection Laws.
3.3. Privacy. KWIGA warrants that its employees, authorized agents, and any Sub-Processors authorized to process Expert Data shall comply with its confidentiality obligations with respect to Expert Data.
3.4. Assistance to Expert. KWIGA undertakes to assist the Expert in fulfilling its obligations under the current Data Protection Laws. Despite the above, the Expert agrees that this will not cause KWIGA to process personal data that may have a high risk to the rights and freedoms of the data subjects.
4.1. Expert data. Within the framework of KWIGA Services, KWIGA provides the Expert with a number of specific self-service functions that the Expert can use to comply with its obligations under the Data Protection Laws to respond to requests from data subjects regarding Expert Data.
4.2. Student data. Each party to this agreement undertakes to respond instantly and within the time limits required by the Data Protection Law to requests received by data subjects regarding the processing of applicable Student Data. If the Expert receives requests for data relating to the Student Data, the Expert shall instantly (and necessarily within three working days) notify KWIGA and provide KWIGA with a copy of the request.
4.3. KWIGA, given the nature of the processing, assists the Expert to meet its data protection obligations with respect to data requests.
5.1. Security Measures. Taking into account the state of technical developments and the nature of the processing, KWIGA undertakes to establish and maintain appropriate technical and organizational measures to protect Expert Data against unexpected, unapproved, or illegal destruction, loss, alteration, exposure to hazards, or access, per KWIGA's security standards.
5.2. Violations of personal data. If KWIGA finds out some Personal Data Violation relating to Expert Data or Student Data, KWIGA shall notify the Expert without delay (delay possible due to objective reasons) of the Personal Data Violation at the e-mail address associated with the principal account of the Expert owner.
5.3. Compliance obligations. To ensure conformity with the existing Data Protection Laws, KWIGA shall provide the Expert with the information necessary to confirm compliance with the legal obligations related to the processing of the KWIGA Expert Data on behalf of the Expert.
5.3.1. KWIGA shall respond to all reasonable requests for information made by the Expert to confirm KWIGA's compliance with this Agreement upon Expert's written request to support@kwiga.com
6.1. Unless otherwise required under Data Protection Law, KWIGA's liability under this Agreement is limited to the amount and amount specified in our Terms of Use.
7.1 This Agreement shall be governed in accordance with the laws of the Republic of Bulgaria.
If you have questions or concerns about this Agreement, Platform, KWIGA Services, or Content, you may contact us at the physical or electronic address below. Note: KWIGA office is not open to the public:
Kwiga LTD
Email: support@kwiga.com
