(Controller-to-Processor Data Processing Agreement & Joint control Agreement)
PART 1 – General Provisions
A. Parties and Subject of the Agreement
- The Parties have entered into an agreement in which Bepro (as defined below) agreed to deliver certain services to Customer, including the production of video recordings of Customer’s football team’s training sessions and public matches, including, as the case may be, their analysis, using Bepro’s proprietary technology (Main Agreement). This Agreement is concluded between the parties of that Main Agreement.
- Through PART 2, the Parties enter into a Controller-to-Processor Data Processing Agreement as defined in Art. 28(3) General Data Protection Regulation (GDPR) or applicable other EU Member State’s law. Bepro enters the Data Processing Agreement as the Processor and Customer as the Controller. This Data Processing Agreement is based on the Commission Implementing Decision on standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 and Article 29(7) of Regulation (EU) 2018/1725 of 4 June 2021.
- Through PART 3, the Parties enter into an agreement on joint controllership according to Art. 26(2) GDPR as Joint Controllers.
- The contact person and common point of contact for all data protection related issues shall be the Data Protection Officer of Bepro Europe GmbH: Dr. Bernd Schmidt, c/o PLANIT//LEGAL, Jungfernstieg 1, 20095 Hamburg (Tel.: +49 (0)40 60944190; E-Mail: firstname.lastname@example.org).
B. Responsibilities of the Parties vis-à-vis Data Protection
- Insofar as Bepro is the solely responsible controller for the processing of personal data, the provisions of this Data Protection Agreement shall not apply. This is the case, for example, where Bepro processes personal data for internal purposes, such as accounting and bookkeeping.
- The Data Processing Agreement (Part 2) shall apply insofar as Bepro processes personal data on behalf of Customer. This is the case in the following situation:
- When Bepro produces video recordings of Customer’s private training sessions and training games.
- The Joint Control Agreement (Part 3) shall apply insofar as Bepro and Customer jointly decide on the means and purposes of data processing, even if all processing is done, handled and coordinated by Bepro on behalf of (or commissioned by) Customer. This is the case in the following situations:
- When Bepro produces video recordings of Customer’s public matches.
- When Bepro analyses video recordings of Customer’s public games on Customer’s behalf (regardless of whether the scope of the analysis covers Customer’s team, Customer’s opponent’s team, or both).
- When Bepro offers its scouting and recruitment platform to Customer or third parties.
C. Miscellaneous Provisions
- Unless otherwise provided for in this Agreement, all services of Bepro under this Agreement shall be compensated with the remuneration in accordance with the Quotation. Insofar as individual instructions go beyond the previous contractual provisions and require additional effort for Bepro, these shall require the prior consent of Bepro and shall be remunerated separately in accordance with the currently valid price list of Bepro.
- Amendments or supplements to this Agreement (Quotation) must be made in text form. This also applies to the amendment and cancellation of this clause.
- Should provisions of this Agreement be invalid, this shall not affect the validity of the remaining provisions. Parties shall endeavour to find a valid provision in place of the invalid provision which comes as close as possible to the economic meaning of the invalid provision. The same shall apply in the event of a loophole in this Agreement.
- This Agreement shall be subject to the laws of the country that the respective Bepro affiliate, branch or subsidiary company that is party to this Agreement (“Bepro”, see above) is established in.
PART 2 – Data Processing Agreement