Joint Controller Agreement
JOINT CONTROLLER AGREEMENT
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This Joint Controller Agreement ("Agreement") is entered into on January 1st, 2050, by and between:
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[Your Name], located at [Your Address], hereinafter referred to as the "Primary Controller,"
and
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[Your Name], located at[Your Address], hereinafter referred to as the "Secondary Controller."
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1. Purpose
This Agreement is designed to officially establish the relationship between the Primary Controller and the Secondary Controller. The context of this relationship revolves around the processing of personal data. Both parties perform their roles as joint controllers, whereby they share mutual responsibility and accountability.
This relationship, and all roles and responsibilities associated with it, are subject to the conditions and standards set in the applicable data protection laws and regulations. These laws govern how personal data should be handled and processed, ensuring that all activities adhere to accepted ethical and legal standards.
2. Definitions
A. Personal Data: This sentence pertains to any information that is related to or in connection with a person who is identified or identifiable and is considered a 'data subject' in the context of data protection and privacy matters.
B. Processing: Any operation or set of operations which is performed on personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
C. Data Subject: A natural person refers to an individual who has been identified or has the potential to be identifiable, and this particular individual's data is currently in the process of being processed.
3. Scope of Joint Processing
A. The Primary Controller and the Secondary Controller jointly determine the purposes and means of processing personal data collected from online registration forms submitted by users of their respective websites.
B. The Primary Controller and the Secondary Controller jointly determine the purposes and means of processing personal data collected from customers, including but not limited to:
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Name
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Address
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Email address
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Phone number
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Payment information
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Purchase history
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Preferences
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Demographic information
4. Roles and Responsibilities
A. Primary Controller Responsibilities:
i. Collecting and documenting data subject consent where required.
ii. Providing data subjects with information regarding the processing of their data.
iii. Handling data subject requests, including requests to exercise data subject rights.
iv. Implementing appropriate technical and organizational measures to ensure the security of personal data.
v. Notifying the Secondary Controller of any changes in data processing activities that may affect their responsibilities under this Agreement.
B. Secondary Controller Responsibilities:
i. Cooperating with the Primary Controller in fulfilling data subject requests and obligations under applicable data protection laws.
ii. Implementing appropriate technical and organizational measures to ensure the security of personal data.
iii. Notifying the Primary Controller of any changes in data processing activities that may affect their responsibilities under this Agreement.
5. Data Subject Rights
A. The Primary Controller and the Secondary Controller agree to cooperate in facilitating the exercise of data subject rights, including the rights of access, rectification, erasure, and objection.
B. The Primary Controller shall be responsible for responding to data subject requests received directly from data subjects, while the Secondary Controller shall assist as necessary.
6. Data Security
A. The Primary Controller and the Secondary Controller shall implement appropriate technical and organizational measures to ensure the security of personal data processed under this Agreement, including measures to prevent unauthorized access, disclosure, alteration, or destruction of personal data.
B. The Primary Controller and the Secondary Controller shall notify each other promptly in the event of any data breach affecting the personal data processed under this Agreement.
7. Data Transfers
Any transfer of personal data between the Primary Controller and the Secondary Controller shall be conducted by applicable data protection laws and regulations, including the implementation of appropriate safeguards where required.
8. Duration and Termination
A. This Agreement shall remain in effect for the duration of the joint processing activities between the Primary Controller and the Secondary Controller.
B. This Agreement shall remain in effect for the duration of the joint processing activities between the Primary Controller and the Secondary Controller. Either party may terminate this Agreement upon 30 days' written notice to the other party in the event of a material breach of the Agreement.
9. Governing Law and Dispute Resolution
A. The stipulations and interpretations of this Agreement shall be regulated, governed, and construed by the laws and regulations of the specified governing jurisdiction.
B. Any dispute arising out of or in connection with this Agreement shall be
resolved through good faith negotiations between the parties. If the dispute cannot be resolved amicably, it shall be submitted to mediation or arbitration by the rules [Specify mediation or arbitration rules].
10. Confidentiality
The Primary Controller and the Secondary Controller shall maintain the confidentiality of personal data processed under this Agreement and shall not disclose such data to any third party without the consent of the other party, except as required by law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Primary Joint Controller Name]
[Date Signed]
[Secondary Joint Controller Name]
[Date Signed]
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