Agnes-FarmBook : Confidentiality and Data Protection Agreement

The Parties agree not to provide or disclose in any way, to any individual or legal entity, orally or in writing, or by any other means, information related to, including but not limited to, source code, used technologies, contents of offers, cooperation statements, business data, know-how, techniques, operations, intellectual property, financial details, personnel matters, organization, strategy, marketing, and generally any kind of information (hereinafter "Confidential Information") learned during their cooperation or through their contact with associates or clients of the Parties.

1.1 Confidential Information

Confidential Information includes, but is not limited to, elements concerning the Parties, their associates, their clients, elements related to business organization, investments, products, financial status, creditworthiness, clientele, suppliers, commercial policy, business plans and strategies, programs, production methods, organization, internal structure, know-how, systems, sales processes and techniques, marketing, costing, Personal Data (including Special Categories of Data), specific technical issues such as components, devices, hardware, software, systems, etc., contained in any medium, electronic or otherwise, without necessarily bearing the indication "confidential" or disclosed orally, protected under current Greek law, but this does not constitute a determining criterion for their classification as confidential. Information already publicly disclosed by the Parties or by the owner at the time the Parties gain access to it is not considered Confidential Information. Confidential Information includes both original data and copies in any form.

1.2 Use of Confidential Information

Confidential Information, in any form, constitutes the intellectual property of the Parties and is provided by the Parties with absolute confidentiality solely for the purposes of the Agreement. The disclosure of Confidential Information cannot be considered a transfer or assignment of rights to the information or any other intellectual or industrial property rights, now or in the future. The Parties declare that they will use the above Confidential Information only for the proper execution of the Agreement.

1.3 Obligation of Confidentiality

In any case, the Parties are obliged to maintain absolute confidentiality regarding the Confidential Information and not to disclose it, directly or indirectly, orally or in writing, or in any other way to any third party without prior written approval from the other party. In such a case, the third party will assume the confidentiality obligations of this agreement.

If any of the Parties is summoned by an official act of a public or other administrative or judicial authority to provide any Confidential Information, the said party will immediately notify the other party in writing about the matter and provide a copy of the relevant request from the Public Authority, unless prohibited by applicable law.

Exempted from the confidentiality obligation is the general public disclosure of the cooperation between the Parties, which each party may proceed with following the corresponding written prior consent of the other party, using the name or/and logos of the other party in informational or/and advertising postings, on its website, in presentations or/and in other similar promotional activities or/and in marketing actions, provided that no Confidential Information is disclosed.

The confidentiality obligation lasts for five (5) years after the termination of this Agreement in any manner.

Personal Data

The Company, following the principle of data protection by design, incorporates and applies appropriate measures and uses privacy-enhancing technologies, such as data pseudonymization, as soon as possible (i.e., replacing personally identifiable information with artificial identifiers), encryption (coding personal data so only authorized individuals can read it), data processing minimization, and incorporating necessary safeguards into the processing to meet GDPR requirements and protect data subjects' rights.

Following the principle of data protection by default, the Company applies appropriate technical and organizational measures to ensure that, by default, privacy is ensured, and only personal data necessary for each specific processing purpose are processed. This obligation applies to the extent of personal data collected, the degree of their processing, the storage period, and their accessibility. These measures ensure that, by default, personal data are not made accessible, without human intervention, to an indefinite number of individuals.

For the purposes of this Agreement and the use of the specific software, the user must disclose certain personal data, specifically: ……

The DECLARATION RECEPTION CENTER (KYD) declares and guarantees that it must inform the respective users and obtain their written, explicit, and free consent for the processing of their personal data forwarded to the Company as a necessary consequence of the execution of this Agreement and the use of the software. The Company guarantees the user that it will manage and protect their personal data following applicable legislation (European and Greek) and relevant decisions and opinions of the Data Protection Authority.

By entering the necessary personal data for using the software, the user declares and accepts that this information is true, accurate, and valid and consents to its use by the Company. Users are solely and individually responsible for entering third-party personal data without relevant authorization, as well as for submitting false, inaccurate, or incorrect information and data to deceive or mislead.

The Company will process only the absolutely necessary personal data following this Agreement and the instructions of the DECLARATION RECEPTION CENTER (KYD), which must be lawful as the DECLARATION RECEPTION CENTER (KYD) is responsible for any illegal and unfair processing instruction given to the Company.

The Company provides sufficient assurances for implementing appropriate technical and organizational measures to ensure that the processing meets European and national legislation requirements and protects users' rights. The Company will fulfill its obligations under this Agreement with due diligence and at least according to commonly recognized standards to ensure the functionality of technical solutions and the skill level of the staff available for processing.

The Company declares that its staff, with limited access to users' personal data, has undertaken a confidentiality commitment.

The Company declares that the physical location of the facilities and servers from which it will process users' personal data under this Agreement is Leof. Andrea Syngrou 189, Nea Smyrni 171 21.

The Company declares that it will offer immediate assistance to the DECLARATION RECEPTION CENTER (KYD) for responding to requests for exercising data subjects' rights (right to information, correction, deletion, restriction, objection, etc.), where it can assist.

The Company must promptly report in writing to the DECLARATION RECEPTION CENTER (KYD) any personal data breaches that come to its attention. The breach report must cumulatively include:

After the end of this Agreement and at the request of the DECLARATION RECEPTION CENTER (KYD) or the respective user, the Company must delete or return all users' Personal Data to the DECLARATION RECEPTION CENTER (KYD). However, it is entitled to retain the Personal Data or part of it to the extent that legislation (European or national) requires continued storage of such data.