Data Protection Policy
Personal Data Protection Policy – Transaction Advisory Services of Al Asmakh Real Estate
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1. Introduction and scope
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This Personal Data Protection Policy ("Policy") describes the privacy practices of AREDC regarding the Processing of Personal Data of the directors, officers and employees and – to the extent applicable – the customers of the Client and/or the relevant Client Affiliates, as part of the provision of AREDC Services to its Clients. This Personal Data can be stored on AREDC systems, Client systems or third-party systems to which AREDC is provided access to for the provision of Services. Where AREDC provides Services to its Clients, AREDC will be acting as Processor and the Client will be acting as Controller.
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This Policy applies globally to any and all Services provided by AREDC to its Clients under the Service Agreements, executed on or after the effective date of this Policy.
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AREDC Processes Personal Data on behalf of the Client in accordance with Data Protection Laws. Insofar necessary, the Service Agreement will be supplemented with an Addendum to set out any additional matters that are specific to the Client and cannot be regulated in this Policy.
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This Policy does not apply to the collection of Personal Data through our website or through cookies with respect to which Personal data AREDC can be considered Controller; we refer to contacts us directly for more information in this regard.
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AREDC reserves the right to update this Policy without consulting or pre-informing its Clients.
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2. Definitions
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The capitalized terms listed below have the follow meaning in this Policy:
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a. “Client” means the counterparty to the Service Agreement with AREDC;
b. “Client Affiliate” means any legal entity affiliated to the Client;
c. “Client Data Subjects” shall mean the former and current directors, officers and employees and customers of the Client and Client Affiliates;
d. “Controller” shall mean the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;
e. “Data Protection Laws” means in relation to any Personal Data which is Processed in the performance of the Service Agreement, the General Data Protection Regulation together with all implementing laws and any other applicable data protection, privacy laws or privacy regulations;
f. “Personal Data” means any information through which a Client Data Subject can be identified directly or indirectly;
g. “Processing” means any operation or set of operations which is performed upon Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
h. “Processor” shall mean the party, which Processes Personal Data on behalf of the Controller;
i. “Services” means services AREDC provides to the Client under the Service Agreement;
j. “Service Agreement” means any written contract, any written statement of work, or any other written binding agreement, including any annexes thereto, between AREDC and the Client;
k. “Sub processor” means any data processor appointed by Processor to process Personal Data on behalf of the Controller;
l. “AREDC” means AREDC Affiliate that is the contracting entity to the Service Agreement;
m. “AREDC Affiliate” means with respect to any specified person or entity, any other person or entity directly or indirectly controlling or controlled by or under direct or indirect common control with such specified person or entity. For the purpose of this definition, “control”, when used with respect of any specified person or entity means the power to direct or cause the direction of the management or policies of such person or entity, whether through ownership of voting securities or by contract or otherwise. The terms “controlling” and “control” have meaning correlative to the foregoing. Specifically excluded from this definition are the shareholding companies controlling Transaction Advisory Services of Al Asmakh Real Estate.
3. Personal data processed by Transaction Advisory Services of Al Asmakh Real Estate
The details of the Personal Data that will be Processed by AREDC on behalf of the Client, including the duration, purpose and types and categories of Personal Data, as well as Subprocessors, if any, will be set out in (the Addendum to) the Service Agreement.
4. Use of personal data
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AREDC shall not process, transfer, modify, amend or alter the Personal Data or disclose or permit the disclosure of the Personal Data to any third party other than:
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as necessary to process Personal Data to provide the Services and/or otherwise in accordance with the documented instructions of Client, or
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as required to comply with Data Protection Laws or other laws to which AREDC is subject, in which case AREDC shall (to the extent permitted by law) inform Client of that legal requirement before processing the Personal Data.
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In addition, AREDC is allowed to use aggregated data – to the extent this can no longer be considered Personal Data - for analysing purposes, for website and for internal operations, including troubleshooting, data analysis, testing, research, for statistical purposes and for improving the quality of its Services.
5. Sub processing
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AREDC may be required to appoint certain third parties to provide part of the Services to the Client or assist with providing technical support, such as IT service providers or other suppliers. By signing the Service Agreement, the Client authorizes AREDC to subcontract the Processing of Personal Data to Sub processors. Sub processors are in each case subject to the terms between AREDC and the Sub processor which are no less protective than those set out in this Policy and the Service Agreement. AREDC will inform the Client of the details of such Sub processor(s) upon written request from the Client. AREDC will inform the Client in advance of any intended changes concerning the addition or replacement of Sub processors and thereby give the Client the opportunity to object to such changes. If the Client does not object in writing within five (5) days of receipt of the notice, the Client is deemed to have accepted the new Sub processor. If the Client does object in writing within five (5) days of receipt of the notice, AREDC and the Client will discuss possible resolutions.
6. Confidentiality and security
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AREDC shall keep the Personal Data confidential and will ensure its staff and Sub processors are bound by the same confidentiality obligation. AREDC shall implement appropriate technical and organizational measures to ensure a level of security of the Personal Data appropriate to the risk required pursuant to applicable Data Protection Laws and, where the Processing concerns personal data of Qatar residents, shall take all measures required pursuant to respective article. In assessing the appropriate level of security, AREDC shall take account in particular of the risks that are presented by Processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
7. Co-operating with requests of the client
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AREDC shall, upon request and to the extent required under Data Protection Laws, co-operate with requests of the Client that relate to the Processing of Personal Data. In particular, AREDC shall co-operate with requests that relate to Client Data Subject rights, Data Protection Impact Assessments and audit rights as described below.
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Client Data Subject rights: AREDC shall co-operate as requested by the Client to enable the Client to comply with any exercise of rights by a Client Data Subject in respect of Personal Data and comply with any assessment, enquiry, notice or investigation under Data Protection Laws. Provided in each case that the Client shall reimburse AREDC in full for all costs (including for internal resources and any third-party costs) reasonably incurred by AREDC performing its obligation under this section.
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Data Protection Impact Assessment: AREDC shall provide reasonable assistance to the Client with any data protection impact assessments which are required under Article 35 GDPR and with any prior consultations to any Supervisory Authority of the Client which are required under respective article, in each case in relation to Processing of Personal Data by AREDC on behalf of the Client and taking into account the nature of the processing and information available to AREDC.
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Audit rights: On reasonable request and notice, AREDC will co-operate in the conduct of any audit or inspection, reasonably necessary to demonstrate AREDC’s compliance with the processor obligations laid down in Data Protection Laws and this Policy related to the Service Agreement, provided always that this requirement will not oblige AREDC to provide or permit access to information concerning: (i) AREDC internal pricing information; (ii) information relating to AREDC's other Clients; (iii) any of AREDC non-public external reports, or (iv) any internal reports prepared by AREDC's internal audit function. The Client shall avoid causing any damage, injury or disruption to AREDC's equipment, personnel and business in the course of such audit or inspection. A maximum of one Data Protection Laws compliance audit or review may be activated under this section in any twelve (12) month period, unless the audit is following upon a Personal Data breach caused by AREDC in the same period. Any further Data Protection Laws audits shall be at the Client’s expense.
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The Client’s requests provided in this section 7. will be fulfilled in close co-operation with and under supervision of AREDC’s Chief Information Security Officer, AREDC’s Chief Privacy Officer, or similar AREDC local officials.
8. Deletion or return of client personal data
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AREDC will, at the choice of the Client, delete or return the Personal Data at the end of the provision of the Services relating to Processing, unless (i) Data Protection Laws, (ii) any law, statute, order, regulation, rule, requirement, practice and guidelines of any government, regulatory authority or self-regulating organization that applies to the Services in the country where those Services are being provided, or (iii) competent court, supervisory or regulatory body, require the retention of such Personal Data by AREDC.
9. Incident management
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AREDC shall notify the Client without undue delay after becoming aware of a Personal Data breach, providing the Client with sufficient information which allows the Client to meet any obligations to report a Personal Data breach under Data Protection Laws. Upon request by the Client, AREDC shall fully co-operate with the Client and take such reasonable steps as are directed by the Client to assist in the investigation, mitigation and remediation of each Personal Data breach, in order to enable the Client to (i) perform a thorough investigation into the Personal Data breach and provide incident details as required under Data Protection Laws such as Article 33 (3) GDPR, (ii) formulate a correct response and (iii) take suitable further steps in respect of the Personal Data breach in order to meet any requirement under the Data Protection Laws (“Remediation Measures”). If and to the extent costs incurred by AREDC related to the Remediation Measures as directed by the Client are related to the Personal Data breach caused by the Client, the Client shall compensate reasonable costs of the Remediation Measures taken by AREDC. The Remediation Measures shall: (i) start without undue delay, (ii) be completed within a reasonable period after AREDC has become aware of a Personal Data breach, and (iii) be carried out within the regular business hours of the local office where the Remediation Measures are required to be taken.
10. Liability
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The Client warrants that all Personal Data processed by AREDC on behalf of the Client has been and shall be Processed by the Client in accordance with Data Protection Laws including without limitation: (a) ensuring that all notifications to and approvals from regulators which are required by Data Protection Laws are made and maintained by the Client; and (b) ensuring that all Personal Data is Processed fairly and lawfully, is accurate and up to date and that a fair notice is provided to Client Data Subjects which described the processing to be undertaken by AREDC pursuant to the Services agreed upon in the Service Agreement.
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AREDC shall be liable for the damage caused by Processing only where it has not complied with obligations of Data Protection Laws specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Client as indicated in the Service Agreement. Client shall be liable for the damage caused by Processing by Client which infringes Data Protection Laws. Client or Processor shall be exempt from liability under this section 10 if it proves that it is not in any way responsible for the event giving rise to the damage.
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Where more than one Controller or Processor, or both a Controller and a Processor, are involved in the same processing and where they are, under the Service Agreement, responsible for any damage caused to Client Data Subject by Processing, each Controller or Processor shall be held liable for the entire damage in order to ensure effective compensation of the Client Data Subject(s). Where a Controller or Processor has paid full compensation for the damage suffered, that Controller or Processor shall be entitled to claim back from the other Controller(s) or Processor(s) involved in the same Processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in the previous paragraph.
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Save for this section 10 third paragraph, the indemnities, liabilities and exclusions or limitations thereof set out in the Service Agreement, shall also apply to the obligations of the parties pursuant to this Policy and the Service Agreement, and in case of any conflict will prevail.
