Terms & Policies

1. The purpose of this document

We (“Company, “us”) are committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your engagement, in accordance with the General Data Protection Regulation (GDPR) and other applicable laws (“Data Protection Laws”).

It applies to all independent contractors.

2. The identity and the contact details of the controller

Controller is responsible for deciding on the purposes and means of processing your personal data.

The company mentioned in the Agreement with you as the Company is a "controller" of your personal data. You may contact the data controller via email legal@awesomic.io.

3. Personal data we collect

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect, store, and process the following categories of personal information about you:
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• Personal contact details such as full name, address, telephone number, and personal email address;
• Identification documents information, e.g. ID document number, issuance date and authority;
• Date of birth;
• Gender;
• Nationality;
• Taxpayer identification number;
• Bank account details and tax status information;
• Engagement start and/or cessation date.

4. The purposes of and the legal basis for the processing

We collect and process personal data of independent contractors in particular, under the following legal bases:

1. to perform our contract with you and to comply with legal obligations. Under this legal basis we:
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   a) assessing qualifications for a particular task or piece of Services
   
   b) determining the terms of your engagement
   
   c) paying you the fees;
   
   d) administering the contract we have entered into with you;

2. for our (or others') legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data. We rely on legitimate interests:
   
   a) dealing with legal disputes involving you or other contractors;
   
   b) preventing fraud;
   
   c) monitoring your use of our information and communication systems to ensure compliance with our IT policies;
   
   d) ensuring network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution.

3. to comply with a legal obligation‍

5. If you fail to provide personal information

Provision of personal data is a contractual requirement. If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying your fee), or we may be prevented from complying with our legal obligations.

6. Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

7. Data sharing

We may have to share your data with third parties, including third-party service providers.

We require third parties to respect the security of your data and to treat it in accordance with the law.

We will share your personal information with third parties where required by law, where it is necessary to administer the contractual relationship with you or where we have another legitimate interest in doing so.

"Third parties" includes third-party service providers (such as hosting and data storage service providers, internal communications service provider, other contractors and designated agents). The following activities may be carried out by third-party service providers: payroll, administration, IT services, hosting and storage of data, communication services.

All our third-party service providers are required to take appropriate security measures to protect your personal information and are permitted to process your personal data for specified purposes and in accordance with our instructions.

8. Transferring information outside the EU

If in order to perform our contract with you we will be required to transfer your personal data to third countries outside the EU. Where we transfer personal data outside of EU, we either transfer personal data to countries that provide an adequate level of protection (as determined by the European Commission) or we have appropriate safeguards in place. Appropriate safeguards to cover these transfers are in the form of transfer impact assessment conducted by us and standard contractual clauses adopted by the European Commission. Please visit this page to know more about standard contractual clauses.

If you require further information about the protective measures, you can request it from us via legal@awesomic.io.

9. Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal information to those agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

10. Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an independent contractor of the Company we will retain your personal information in accordance with applicable laws and regulations.

11. Rights of access, correction, erasure, and restriction

You have the right to:

• Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us via legal@awesomic.io.

We may charge a reasonable fee if your request for access is clearly unfounded or excessive.

12. The right to lodge a complaint with supervisory authority

We would love you to contact us directly, so we could address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or where the alleged infringement has taken place.

13. Your duty to inform us of changes

It is also important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your engagement.

14. Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

15. Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and you can always find an updated copy of this notice via the link provided in your contract. We will notify you when we make any substantial updates. Likewise, we may also notify you in other ways from time to time about the processing of your personal information.

16. Contact us

You may contact us at any time for details regarding this Privacy Notice. For any questions concerning your personal data please contact us at legal@awesomic.io.