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FRAMEWORK CONTRACT ON CONFIDENTIALITY AND DATA PROTECTION

Between:

FOS SYSTEMS SOLUTIONS S.Lwith registered office at C/ Cristobal Bordiu 49, PI - 28003 Madrid Spain, CIF B87180022, hereinafter "THE COMPANY".

Y

The Clientany natural or legal person who contracts the services of THE COMPANY, hereinafter referred to as "THE CLIENT".

STATE THE FOLLOWING:

  1. THE COMPANY provides technology and consultancy services, including software and hardware solutions for the catering industry.
  2. That, in the framework of the provision of these services, THE COMPANY may access information and data of THE CUSTOMER that may be considered confidential.
  3. That both parties wish to regulate the treatment of such information and to guarantee maximum confidentiality and security in its handling.

Therefore, they agree as follows:

1. OBJECTIVE

The purpose of this contract is to establish the terms and conditions under which THE COMPANY undertakes to protect the confidential information of THE CUSTOMER and to make responsible use of the data provided to THE CUSTOMER in the framework of the provision of services.

2. CONFIDENTIALITY COMMITMENT

THE COMPANY undertakes to:

a) Implement the strictest security measures to guarantee the protection of the CLIENT's data, complying with current legislation on the protection of personal and confidential data.

b) Not to disclose, share or use the CLIENT's information for any purpose other than the provision of the contracted services.

(c) not to share the information with third parties except in the following cases:

  • When strictly necessary for the resolution of technical incidents, errors or bugs in the application.
  • When required to ensure the proper provision of the service.
  • Subject to the express prior authorisation of THE CUSTOMER.

3. SECURITY MEASURES

THE COMPANY shall take the necessary technical and organisational measures to ensure the security of the information, including, but not limited to:

  • Encryption of sensitive data.
  • Access control and activity records.
  • Security protocols for data storage and transmission.
  • Regular audits to ensure compliance with these measures.

In the event of a security breach or information leakage, THE COMPANY undertakes to:

  • Inform the CUSTOMER within 72 hours of detection.
  • Report the incident to the Spanish Data Protection Agency (AEPD) or the competent body, if required by law.
  • Take all necessary measures to mitigate the impact of the incident and prevent future risks.
  • Provide CUSTOMER with a detailed report on the nature of the security breach, the data affected and the corrective actions implemented.

4. DATA PROTECTION AND CYBER RISK INSURANCE

THE COMPANY has specific insurance for data protection and cyber-risks that covers possible security incidents related to the confidentiality and handling of THE CLIENT's information. This insurance guarantees THE COMPANY's ability to meet any liabilities arising from breaches or breaches of data security.

5. DURATION AND ACCEPTANCE

This contract shall apply from the moment the CUSTOMER contracts the services of THE COMPANY and shall remain in force indefinitely for as long as the business relationship is maintained.

The acceptance of the COMPANY's services by THE CUSTOMER implies tacit acceptance of this agreement, without prejudice to the possibility of formalising a specific agreement in the event that the parties deem it necessary.

6. LIABILITY AND SANCTIONS

In the event of non-compliance with the obligations set forth herein, THE COMPANY may be liable for damages, in accordance with current legislation on data protection and confidentiality.

7. APPLICABLE LAW AND JURISDICTION

This contract shall be governed by the laws in force in Spain and the Community of Madrid, and any dispute arising from its interpretation or execution shall be resolved before the competent courts of Madrid.

This contract does not require signature, as the CUSTOMER accepts its conditions when contracting the COMPANY's services.

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