Framework Agreement
General Terms for the Transportation of Goods
#Annex No. 2: “Processing of Personal Data”:
1. For the purposes of the performance of this Agreement, for the purposes of identifying the Carrier as a user of the Forwarder’s platform and for the creation and maintenance of a file within said platform, for the purposes of verifying the identity of the Carrier’s employees, as well as for the purposes of safeguarding the rights and legitimate interests of the Forwarder in the event of any dispute or judicial proceedings, the Carrier hereby undertakes to provide to the Forwarder the following categories of personal data relating to its employee-drivers (hereinafter referred to as the “Personal Data”):
(i) full names;
(ii) personal identification number;
(iii) data contained in the national identity card;
(iv) data contained in the driving licence;
(v) permanent and current residential address;
(vi). telephone number;
(vii) e-mail address;
(viii) registration number of the truck operated by the respective employee
The Forwarder, in its capacity as a data controller, may disclose the Personal Data referred to above to the following categories of recipients: public authorities; persons engaged in the maintenance of the Forwarder’s platform; persons providing consulting, accounting, or other services; as well as to any other persons where a legal basis for such disclosure exists.
The Forwarder shall process the Personal Data so provided for a period not exceeding five (5) years following the termination of this Agreement.
2. In addition to the foregoing, and for the purposes of the conclusion, administration, accounting, and performance of this Agreement, each Party shall provide to the other Party the following personal data of its designated contact persons:
(i) full names;
(ii) telephone number;
(iii) e-mail address;
(iv) personal identification number (solely with respect to the legal representatives of the respective Party).
3. Each Party undertakes to process lawfully the personal data provided to it by the other Party, strictly for the purposes set forth in Articles 1–2 above.
4. The Carrier, in its capacity as a data controller, undertakes to notify the data subjects – namely its employee-drivers – of the disclosure of their personal data to the Forwarder no later than ten (10) business days from the execution of this Agreement, and to provide them with all necessary information regarding the processing of their data by the Forwarder, as described above, as well as information concerning the following rights:
- Right of access to personal data, including the right to obtain a copy thereof;
- Right to rectification of incomplete or inaccurate personal data;
- Right to restriction of processing, enabling the temporary suspension of processing;
- Right to object to the processing of personal data;
- Right to erasure of personal data where there is no valid ground for continued processing (“right to be forgotten”);
- Right to data portability, namely the right to request the transfer of personal data to themselves or to a third party, applicable only to automated information for which consent was originally given (“right to portability”).
- Right to lodge a complaint with the competent supervisory authority, namely the Commission for Personal Data Protection (CPDP), or with the competent court, in the event that their rights have been infringed or they have suffered from unlawful processing of personal data;
- Right to withdraw consent to the processing of personal data at any time by notifying the Forwarder at the contact e-mail address specified in this Agreement, without affecting the lawfulness of processing carried out prior to such withdrawal.
5. Each Party represents and warrants that the personal data provided by it are accurate and up to date, and undertakes to provide the other Party with the necessary information concerning their erasure or rectification in a timely manner, but in any case no later than five (5) business days from the moment the need for such erasure or rectification has been established.
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