Data Processing Addendum (DPA)

This Data Processing Addendum ("Agreement") supplements the End User License Agreement between the End User and RealMINT P.C. ("Principal Agreement"), to which it is either attached or incorporated by reference. 

WHEREAS

(A) The Company acts as a Data Controller and RealMINT as “Processor”

(B) The Controller wishes to subcontract certain Services, which imply the processing of data, to the Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

   1. Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:

      1. "Agreement" means this Data Processing Agreement;

      2. "Company Data" - “Data” means any Data Processed by the Processor on behalf of the Controller pursuant to or in connection with the Principal Agreement; These include:

         • product categories

         • historical sales per product

         • inventory data per product

         • demand-related variables, including but not limited to 

           • product pricing 

           • promotional activity

      3.  “Personal Data” means any Personal Information by the Processor

      4.  “Data Processing” includes a sequence of data cleaning, standardization and integration steps that are required in order to provide the demand forecasting service.

      5. "EU Data Protection Laws" means the GDPR and laws implementing or supplementing the GDPR;

      6. "GDPR" means the General Data Protection Regulation (EU) 2016/679;

      7. "Sub-processor" means any person appointed by or on behalf of the Processor to process Data on behalf of the Controller in connection with the Agreement.

      8. "Data Transfer" means: a transfer of Company Data from the Company to the Processor; or an onward transfer of Company Data from the Processor to a Subcontracted Processor, or between two establishments of the Processor,

      9. "Services" means the services the Company provides through Demandio, including the corresponding  training and support.

2. Processing of Company Data

   1. The Processor shall:

      1.  comply with all applicable Data Protection Laws in the Processing of Company Data; and

      2. not Process Company Data other than on the relevant Controller’s documented instructions.

   2. The Controller instructs the Processor to process Company Data.

3. Processor Personnel

   1. The Processor shall take reasonable steps to ensure the reliability of any employee, agent, or contractor who may have access to the Company Data, ensuring in each case that access is strictly limited to those individuals who need to know/access the relevant Company Data, as strictly necessary for the purposes of the Agreement, and to comply with Applicable Laws in the context of that individual's duties to the Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

   1. Taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Processor shall in relation to the Company Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk.

5. Sub processing

   1. The Processor shall not appoint (or disclose any Company Data to) any Sub-processor unless required or authorized by the Controller.

   2. We do not sell or rent Your personal data.

   3. We may share data with trusted third-party service providers (e.g., cloud hosting, analytics), but only under strict data protection agreements.

   4. If data is transferred outside the EEA, we ensure compliance with GDPR by using adequate safeguards, such as Standard Contractual Clauses (SCCs) or data protection agreements.

6. Data rights

   1. Taking into account the nature of the Processing, the Processor shall assist the Controller by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Controller obligations to respond to requests to exercise Data rights under the Data Protection Laws.

7. Data breach

   1. The Processor shall notify the Controller without undue delay upon becoming aware of a Data breach (unauthorized attempts to access inventory data ) affecting Company Data, providing the Controller with sufficient information to allow the Controller to meet any obligations to report or inform Data of the Data Breach under the Data Protection Laws.

8. Data protection impact assessment and prior consultation

   1. The Processor shall provide reasonable assistance to the Controller with any data protection impact assessments and prior consultations with Supervising Authorities or other competent data privacy authorities, which the Controller reasonably considers to be required by Article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law.

9. Deletion or return of Company Data

   1. Subject to this section, the Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Data (the "Cessation Date"), delete and procure the deletion of all copies of those Company Data.

10. Audit rights

    1. Subject to this section, the Processor shall make available to the Controller on request all information necessary to demonstrate compliance with this Agreement and shall allow for and contribute to audits, including inspections, by the Controller or an auditor mandated by the Controller in relation to the Processing of the Company Data by the Processor.

11. General terms

    1. Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement ("Confidential Information") confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

1. disclosure is required by law;

2. the relevant information is already in the public domain.
   
   

1. Notices. All notices and communications given under this Agreement must be in writing and delivered by email to the address notified by the Parties.

1. Governing Law and Jurisdiction

   1. This Agreement is governed by the laws of Greece.