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Personal & Sensor Data Protection Agreement
Elkobtan is a specialist in the protection of sensitive and personal data. The subsequent discussion will define the meaning of personal and sensor data. Elkobtan defines Personal Data as any information relating to an identified or natural person, means, is one who can be identified, indirectly or directly, such as a name, location data, an identification number, to one or more factors specific to the physical, an online identifier, physiological, mental, genetic, cultural economic or social identity of that natural person. For greater certainty, Personal Data does not include information that is anonymized or aggregated.
Elkobtan determines the scope of Sensor data as an IMS Tools product collects when it measures the condition (or state) of one or more databases. At a specific moment in time, this Sensor Data captures information about the condition or status of one or more databases. Subsequent analysis and policy evaluation may employ the data. The policies are a collection of rules that each establish threshold limits for specific categories of database conditions. The Sensor Data repository stores the sensor data in the form of records that contain the values of data elements. We store the data record in a format that is both flexible and well-understood, ensuring its future use across multiple product releases and years. The data and its format are comprehensible across products and releases, guaranteeing dependable functionality.
Elkobtan sets an obligations clause by which the licensee acknowledge that he does not knowingly collect personal data in connection with the operation of the software, including the provision of services. The licensee guarantees and affirms that they will not incorporate or embed any personal data with any sensor data. Licensee shall defend, indemnify, and hold harmless Licensor from and against any and all liabilities, losses, damages, costs, credits, penalties, or charges, including legal fees, suffered or incurred by Licensor as a result of any third-party claims, suits, proceedings, audits, investigations, or other actions brought against Licensor, its agents, employees, representatives, or subcontractors arising out of or related to the provision of personal data by Licensee to Licensor contrary to this Section.
Open AI License Agreement
In order to enhance the productivity, innovation, and efficiency of its client’s organization, Elkobtan intends to share its client’s data under an Open AI License Agreement. Elkobtan is a consultant for both governmental and non-governmental sectors, and it has developed its own system and connections to enhance the processes and tools used to manage the personal and sensitive data of its clients. Consequently, Elkobtan intends to conduct a more thorough examination of a specific data use scenario with this data in order to share and utilize it through this Agreement as a first step. Elkobtan aims to make its clients’ data publicly accessible through an open-source licensing structure for the purpose of training an AI model. Elkobtan can offer its clients legal guidance regarding the utilization of its data and the enhancement of its productivity and efficiency through the Open AI License Agreement.
Elkobtan should structure the agreement with its clients to allow for the restricted use of their data for AI model training. Despite being freely available under an open-source licensing model, we only share the data used to train the AI model for specific purposes. Otherwise, the AI model will remain confidential.
This Agreement contemplates that the parties should use various technical and contractual clauses to address the sensitivities of the data shared. These clauses must ensure that the use of the data does not in any way infringe upon or violate its privacy or sensitivity. Therefore, the agreement should clearly define the limitations of using such data and address these concerns. Also, the agreement should use other techniques to address these concerns, such as limiting or prohibiting human inspection of some or all the data. The agreement should also address privacy enforcement practices, mandating the processing of data within trusted security spaces, potentially with the help of a trusted third party. In this process, we hope to listen to your feedback, learn from it, and improve and expand this work product over time.
Non-Disclosure Agreement
Elkobtan advises its clients to enter into this type of agreement, as it is crucial for safeguarding their confidential information when sharing it with third parties, such as investors, partners, or vendors.
Privacy Policy Agreement
As it is indispensable for fintech organizations that provide online services. It delineates the rules and guidelines for utilizing the company’s website or application, as well as the methods for collecting, storing, and utilizing user data.
Software License for Data Sharing Agreement (SLDSA)
As it is indispensable for fintech organizations that provide online services. It delineates the rules and guidelines for utilizing the company’s website or application, as well as the methods for collecting, storing, and utilizing user data.
Personal & Sensitive Data Protection
Elkobtan defines the terms used, especially the definitions of controller and processor. Elkobtan guarantees that both parties will adhere to all relevant provisions of the applicable data protection legislation. Termination is in addition to and does not relieve, eliminate, or replace a party’s obligations under the Data Protection Legislation.
Elkobtan analyzes the Data Protection Legislation and establishes the parties responsible for data collection (controller) and data processing (processor) in accordance with the controller’s directives. To prevent any misunderstanding, Elkobtan is referring to the personal data that the customer is the data controller for in the following:
1- In order to facilitate the lawful transfer of personal data (including any special categories of personal data as established) to and processing by the processor for the duration and purposes of this agreement, the controller will ensure that all necessary consents and notices are in place.
2- The Processor shall, in relation to any personal data processed in connection with the performance of its obligations under this agreement:
2-1 The controller will exclusively process personal data based on written instructions, unless the laws of any juridical order to which the Company is subject compel the Processor to do otherwise (Applicable Laws). In this case, the processor must promptly inform the controller before carrying out the processing required by the applicable laws, unless the applicable laws prohibit the processor from doing so in compliance with the applicable data protection law.
2-2 Ensuring that the organization has implemented suitable technical and organizational measures to safeguard personal data from unauthorized or unlawful processing, accidental loss or destruction, or damage. These measures must be appropriate to the nature of the data to be protected, the potential harm that could result from the unauthorized or unlawful processing, accidental loss, destruction, or damage, and the state of technological development, considering the cost of implementing any measures. The controller must review and approve these measures. Where appropriate, these measures could include safeguarding the confidentiality, integrity, availability, and resilience of its systems and services, ensuring the timely restoration of personal data availability and access, and regularly assessing and evaluating the effectiveness of the technical and organizational measures it has adopted.
2-3 Guaranteeing that all personnel who have access to and/or process personal data are obligated to maintain the confidentiality of the personal data;
2-3-1 Transferring any personal data outside of the agreed area only as necessary in connection with the services under the main agreement, to which the controller hereby gives its written consent and subject to the fulfillment of the following conditions:
- 2-3-1-1 In relation to the transfer, the controller or processor has implemented suitable safeguards.
- 2-3-1-2 The data subject is entitled to effective legal remedies and enforceable rights.
- 2-3-1-3 The controller authorizes the processor to designate a third-party processor for personal data in accordance with this agreement.
The processor confirms that it will enter into a written agreement with the third-party processor, which will primarily be based on the standard business terms of the third party but will also include terms that are substantially similar to those outlined in this clause.
The Controller and Processor shall be jointly and severally liable for all acts or omissions of any third-party processor appointed by the latter in accordance with this clause, provided that the latter has implemented all necessary legal and technological safeguards for third-party processing.
Security Measure & Privacy Policy & Cookies Notice
In accordance with numerous international standards, Elkobtan is a professional who is responsible for the development of information security. The Elkobtan Technical Team (ETT) recommends that its clients implement the NEN ISO/IEC 27001:2013 framework for the development and assessment of their security management systems.
Additionally, Elkobtan Legal Team (ELT) regards the security policy document as applicable to the processing of clients’ employees. When employees commence employment at the processor, they are required to execute this policy. Furthermore, Elkobtan ensures that information security and business continuity are managed both in the present and in the future. The managing board of the processors commits to conducting annual evaluations, updates, and appropriate actions regarding the information security management system and information security implementation.
However, ETT evaluates whether it is necessary to store passwords and credentials for third-party systems and software in a centralized password manager that is accessible from the cloud. It is mandatory for processor employees to maintain all of their credentials in the 1Password manager. Furthermore, the security policy specifies password requirements.
Elkobtan encrypts cookies to safeguard their confidentiality and integrity, preventing malicious content from viewing or altering them. This is in accordance with the Cookie Notice. In order to prohibit the interception of cookie information, the cookie attributes are configured to be ‘HttpOnly’ and ‘Secure’.