Last update: 19.04.2024
Inqtel Pty Ltd, a company registered in Australia with Australian Business Number 17 631 457 228 and DUNS 745354067, hereinafter referred to as "Inqtel", and an individual user of Inqtel's web or mobile application, hereinafter referred to as "User". Inqtel and User are collectively referred to as the "Parties" and individually as a "Party".
Inqtel provides web and mobile application services ("Services") that involve the processing of personal data. User wishes to use the Services provided by Inqtel and may provide personal data to Inqtel during the use of the Services. Inqtel and User desire to enter into this Agreement to ensure compliance with applicable data protection laws and regulations.
1. Definitions 1.1 "Personal Data" means any information relating to an identified or identifiable natural person. 1.2 "Data Processing" means any operation or set of operations performed on Personal Data. 1.3 "Data Controller" means the natural or legal person, public authority, agency, or other body which determines the purposes and means of the Data Processing. 1.4 "Data Processor" means a natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Data Controller.
2.1 Inqtel shall act as a Data Processor in processing Personal Data on behalf of User, who shall act as the Data Controller. 2.2 Inqtel shall process Personal Data only for the purposes instructed by User and in accordance with User's documented instructions. 2.3 Inqtel shall implement appropriate technical and organizational measures to ensure the security and confidentiality of the Personal Data.
3.1 Inqtel shall promptly notify User if it receives a request from a Data Subject regarding their Personal Data. 3.2 Inqtel shall assist User in fulfilling its obligations to respond to Data Subject requests, including requests to access, rectify, or erase Personal Data, as required by applicable data protection laws.
4.1 Inqtel shall implement and maintain appropriate security measures to protect Personal Data from unauthorized access, disclosure, alteration, or destruction. 4.2 Inqtel shall promptly notify User in the event of any unauthorized access to, or disclosure of, Personal Data.
5.1 Inqtel shall may engage any third-party subprocessors to process Personal Data without the prior written consent of User. 5.2 In the event User consents to the engagement of subprocessors, Inqtel shall enter into an agreement with each subprocessor that imposes data protection obligations that are no less protective than those set forth in this Agreement.
6.1 Inqtel may transfer Personal Data to countries outside the European Economic Area (EEA) or Australia, provided that appropriate safeguards are in place to ensure an adequate level of data protection.
7.1 Inqtel shall notify User without undue delay upon becoming aware of any Personal Data breach affecting User's Personal Data, and shall provide reasonable assistance to User in investigating and mitigating the breach.
8.1 This Agreement shall remain in effect for the duration of Inqtel's provision of Services to User. 8.2 Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.
9.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.
10.1 This Agreement shall be governed by and construed in accordance with the laws of Australia.