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Data Sharing Agreement
This Data Sharing Agreement ("Agreement") is entered into:
- MyBuilder Limited ("MyBuilder") and
- Tradesperson ("Tradesperson")
(together the "parties").
- MyBuilder owns and operates the website MyBuilder.com in which the Tradesperson is a registered member.
- MyBuilder has provided the Tradesperson with software known as the Quote Tool which is used by the Tradesperson to provide a quote to their customers for work to be completed. This may involve the Tradesperson collecting personal data from a data subject unknown to MyBuilder.
Definitions and Interpretation
In this Agreement
- "Agreed Purposes" means any processing involved in the provision of a quote to the customer via the Quote Tool, analysis of trends in the building industry and/or analysis of quote in the event of a dispute.
- "Controller", "Data Subject", "Personal Data", "Process/Processing" and "Processor" shall have the same meanings as in the UK GDPR;
- "Data Protection Laws" means any applicable law or regulation relating to the protection of personal data or the privacy of individuals, including but not limited to the Data Protection Act 2018 ("DPA 2018") (and regulations made thereunder), the UK GDPR (as defined in the DPA 2018), and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;
- "ICO" means the Information Commissioner's Office following Article 4(A3), UK GDPR and section 114, Data Protection Acts 2018;
- "Shared Personal Data" means names, telephone numbers, e-mail addresses, technical data, addresses and notes and details of work to be completed or completed by the Tradesperson.
Compliance with laws
- Both parties will comply with the Data Protection Laws in the collection and Processing of Personal Data they collect themselves or any Shared Personal Data they receive from the other party pursuant to this Agreement.
- The parties acknowledge and agree that neither of them will act as a data processor on behalf of the other, and that they are each responsible for meeting their respective compliance obligations under the Data Protection Laws.
MyBuilder warrants that:
- it will provide a privacy notice to all Data Subjects covering their use of Shared Personal Data in compliance with all applicable Data Protection Laws within 14 days of receiving it from the Tradesperson;
- it will respond promptly to all enquiries from the Tradesperson or the ICO relating to the Shared Personal Data; and
- it shall action all requests in relation to Shared Personal Data from Data Subjects to exercise their rights under Data Protection Laws on request from either the relevant Data Subject or from the Tradesperson.
Tradesperson warrants that:
- it will only Process the Shared Personal Data solely for the Agreed Purposes;
- that it has lawful basis under the Data Protection Laws to Process any Shared Personal Data disclosed by MyBuilder;
- it will not retain or Process Shared Personal Data it receives from MyBuilder for longer than is necessary for the Agreed Purposes;
- it will provide a privacy notice to all Data Subjects covering its use of Shared Personal Data in compliance with all applicable Data Protection Laws within 14 days of receiving it from MyBuilder;
- it will respond promptly to all enquiries from MyBuilder or the ICO relating to the Shared Personal Data;
- it will action all requests from Data Subjects to exercise their rights under Data Protection Laws on request from either the relevant Data Subject; and
- it will maintain appropriate technical and organisational security measures to protect any Personal Data received from MyBuilder from unauthorised or unlawful processing and the accidental loss or destruction of, or damage to, the Shared Personal Data.
International Transfers of Personal Data
- Where Personal Data originating from within the UK or otherwise subject to the UK GDPR is Processed or transferred by the either party outside the EEA, that party will ensure that: (i) the transfer is to a country approved under the Data Protection Laws as providing adequate protection; (ii) there are appropriate safeguards in place pursuant to the Data Protection Laws; or (iv) one of the derogations contained in the Data Protection Laws applies to the transfer.
- MyBuilder may disclose Shared Personal Data received from the Tradesperson with any member of its group from time to time for the Agreed Purposes.
- Both parties shall be responsible to meet all costs of their compliance with this Agreement.
Both parties shall notify each other without undue delay after having become aware of any accidental, unauthorised, or unlawful destruction, loss, alteration, or disclosure of, or access to, Shared Personal Data ("Data Breach").
- The parties shall take appropriate measures to secure any affected Shared Personal Data and limit any possible detrimental effect on the data subjects incurred as a result of a Data Breach.
- The parties agree to provide reasonable assistance as is necessary to each other to facilitate the handling of any Data Breach in an expeditious and compliant manner.
The Tradesperson will indemnify MyBuilder in respect of all liabilities, costs and expenses, suffered and incurred by the Tradesperson or MyBuilder arising from:
- any security or Data Breach caused by the Tradesperson;
- any negligent act or omission by the Tradesperson in the exercise of the rights granted to it under the applicable law.
- This Agreement shall take effect from the date of the latest signature below.
- This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, and understandings between them, whether written or oral, relating to its subject matter (including without limitation any predecessor data sharing agreement made by the parties). Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
- This Agreement and the obligation herein shall survive the termination of any other commercial agreement entered into between MyBuilder and the Tradesperson.
- If any provision of this Agreement is judged by any court of a competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- The parties may amend this Agreement and any amendments to this Agreement must be in writing and duly signed by authorised representatives of each party.
- This Agreement may be executed in any number of counterparts (including delivery via electronic mail), each of which will be deemed an original and all of which together will be considered one and the same agreement.
- This Agreement shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including without limitation non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Signed for and on behalf of
MyBuilder by Jean Turpin:
Date: 28th Feb 2024
Signed for and on behalf of the
Tradesperson by Tradesperson's name:
Date: 28th Feb 2024