In the context of our contractual relations, everytime our employees and subcontractors will be likely to access or use personal data as well as sensitives and strategic information of the client on one side, access or have communication of data and confidential information from our databases, or through the client's information system on the other side, we are committed to preserve the confidentiality and the security of the concerned data as stated in the terms and conditions below. This agreement and all related document helps Myddleware ltd in:
- Developping his private data protection policy
- meeting its obligations as a personal data controller.
- Raising awareness of our partners on our security policy in relation with personal data
- Improving our relationship with our partners
- Ensuring of clients data confidentiality
Confidential information: any personal data and any other information contained in a client's information systems or database. Included are the processing of this information such as studies, reports or results of analysis made from this information. This information is confidential regardless of the form, the nature or the medium. Any information, in whatever format (oral, written, visual, graphic, digital…), regardless of the nature (commercial, marketing, technical, financial…), on whatever medium is presented as confidential whether because of its content, of its nature, or because of a particular mention, or because of a limited access.
Personal data: « any information related to a natural person who is or can be identified directly or indirectly, by referring to an identification number or to several elements that are specific to him.». Personal data are of confidential nature.
Users: means workers and any person using the client's information system. This includes all the status which link a natural or legal person (service provider, subcontractors, interim worker, other external actors; manager, corporate officers that are not salaried staff…) and this wherever their geographical location
Employe(s) : each person who is a member of the service provider's staff having the appropriate clearances to access and use part or all the client's system of information or to whom can be communicated confidential information from the client's information system Third parti: Natural or legal person authorised or not for receiving confidential communication and information contained in the client's databases.
2. Myddleware ltd commitments
2.1 Respect of personal or confidential data
- Myddleware ltd undertakes to keep the confidential nature of the information, especially but not restricted to the personal data. Myddleware ltd undertakes to use it exclusively in the course of the defined purpose and when services are required in accordance with the instructions and authorizations;
- Myddleware ltd can communicate or refer to the content of the client's database only in the strict provision of its services;
- Copies and reproductions will be limited and made on the form, the technical as well as on the medium which ensures and adequate protection of data;
- Unless there is an express agreement of the Client, Myddleware ltd is not allowed to disclose, reveal or communicate any confidential data to a third parties it also commits itself to ensure that its employees and the users of its information system respect this prohibition;
- Myddleware ltd or personsacting on its behalf may not act beyond the authorisations that will be given to them. They will not try any data mining, any licence violation, or any other punishable act
2.2 Respect of the IT security rules
In accordance with article 34 of the modified French data protection law , Myddleware ltd undertakes to take all the necessary precautions in order to ensure information security and to prevent it to be distorted, misused, corrupted or communicated to people that are not entitled.
To do so, Myddleware ltd commits itself to respect and to ensure the respect of all the obligations below by its employees...
- Respect any individual policy related to IT security requested by the Client provided it has been notified and expressly accepted .
- Myddleware ltd or its employees will take the necessary security measures to ensure the conservation, classification and integrity of documents and information processed during this contract, especially when it comes to personal data.
- Myddleware ltd is prohibited to perform any fact, act or behavior that could affect the client's automated data processing system such as fraudulent entry, fraudulent access or updating or obstacle to the proper functioning in an automated data processing system at the risk of incurring the penalties provided by the articles 323-1 to 323-7 of the penal code.
3. Retrieving and deleting data
Myddleware ltd undertakes to retrieve or destroy any document or file of whatever nature related to confidential information as well as any copy or reproduction even if partial on any support in it possession, at the end of the time necessary for its exploitation, provided there is no legal or regulatory provision to the contrary.
These provisions apply for all the duration of the consultancy contract. The provisions related to its obligation of secrecy and of non disclosure (article 3) can be maintained over a period defined by the parties or for a reasonable period.
5. Governing law and jurisdiction
This commitment is subject to the english law.
Failing an amicable settlement any dispute related to the interpretation, termination or performance of the present commitment will be referred to the courts within the jurisdictions of the London court of appeal.