Joint Data Controller Agreement

The companies:

Kiwi Beach Resorts S.r.l.
Registered office: Via Unione Sovietica 6, Syracuse (SR) 96100, Italy
VAT & Tax Code: 01873890899, REA SR – 154587
PEC: kiwibeachresorts@legalmail.it, Website: www.kiwibeachresorts.it. Hereinafter referred to as the “Joint Controller”,

and

Kiwi Beach Immobiliare S.r.l.
Registered office: Via Unione Sovietica 6, Syracuse (SR) 96100, Italy
VAT & Tax Code: 01942260894, REA SR – 406121
PEC: kiwibeachimmobiliare@legalmail.it, Website: www.kiwiresorts.it. Hereinafter referred to as the “Joint Controller”,

hereinafter jointly referred to as the “Parties”, agree as follows:

Article 1 – Subject

The purpose of this agreement is to establish a joint data controller relationship between the Parties for the processing of personal data collected, managed, and processed for the purposes indicated by the Parties, based on consent provided by the data subjects, where required.

Article 2 – Grounds for Joint Controllership

The Parties intend, as established by this agreement, to process the acquired and managed data under a regime of joint controllership, for reasons of synergy, sharing of infrastructure and resources, including in relation to any intercompany network contracts existing between the Parties.

Article 3 – Data

The term “joint controllership” refers to the joint and/or separate acquisition and/or subsequent processing of the data collected by the Parties for the purposes stated in the applicable privacy notice. For the purposes of this agreement, “processing” means any operation or set of operations carried out with or without the use of electronic tools concerning the collection, recording, organization, storage, retention, consultation, analysis, modification, selection, extraction, use, dissemination, deletion, and destruction of acquired data, i.e., all data management processes covered by this agreement.

Article 4 – Duties and Activities of the Joint Controllers

The Joint Controllers shall share:

  • the purposes of personal data processing;
  • the methods of processing;
  • the tools used;
  • security measures.

The Joint Controllers are jointly and severally responsible for implementing and maintaining compliance with all obligations under data protection law.

Additionally, this agreement establishes that, towards data subjects, the Parties shall carry out the following activities:

  • Kiwi Beach Resorts S.r.l. shall manage:
    website management, data storage, data backup, data security, data collection and validation, data consultation and analysis, profiling and segmentation, sending emails to data subjects, telephone and SMS contact with data subjects, direct and postal contact with data subjects, invitations to events, market research targeting data subjects, sending commercial offers and promotions.
  • Kiwi Beach Immobiliare S.r.l. shall manage:
    data security, data collection and validation, data consultation and analysis, profiling and segmentation, sending emails to data subjects, telephone and SMS contact with data subjects, direct and postal contact with data subjects, invitations to events, market research targeting data subjects, sending commercial offers and promotions.

Article 5 – Termination

In the event of non-compliance by one of the Parties with the obligations under this agreement, the agreement may be terminated following a formal notice to comply by the other Party. If the defaulting Party does not remedy the cause within 15 days, and the breach is sufficiently serious to prevent continuation of the relationship, termination may occur.

This agreement may also be terminated in the event of closure of either company, mutual consent of the Parties, or the decision of one Party to withdraw from the joint controllership agreement, with at least 3 months’ notice to allow necessary adjustments arising from the termination of the agreement.

Read, approved, and signed by the Parties.

Syracuse, Italy