Last Updated on January 1, 2020
I. Personally-Identifiable Information and Non-Personally Identifiable Information.
Haworth Group Real Estate Trainers, LLC. may collect two different types of information, Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII”). PII that we collect is information that identifies you as an individual – and includes your name, address, telephone number, e-mail address, credit card information, billing address and shipping information. Non-PII is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and other information that does not reveal your specific identity. PII and Non-PII may be collected anytime you access or use a Haworth Group Real Estate Trainers, LLC. website. PII and Non-PII may also be collected by Haworth Group Real Estate Trainers, LLC. during in-person discussions, telephone conversations, and electronic or other written communications. Haworth Group Real Estate Trainers, LLC. also collects information via cookies; blocking cookies may render you unable to access certain Haworth Group Real Estate Trainers, LLC. products, services, or websites.
Haworth Group Real Estate Trainers, LLC. uses PII to respond to your inquiries, provide you with services you have requested, keep you informed of services Haworth Group Real Estate Trainers, LLC. thinks may be of interest to you, and otherwise personalize your experience with Haworth Group Real Estate Trainers, LLC., and other reasons. Haworth Group Real Estate Trainers, LLC. does not sell or lease PII about you to others and may in some cases be liable for so doing under the Privacy Shield Framework outlined below. Haworth Group Real Estate Trainers, LLC. will provide your e-mail address to affiliates or users who refer you to us, or through whom you create a Haworth Group Real Estate Trainers, LLC. account. Haworth Group Real Estate Trainers, LLC. shares your PII with Haworth Group Real Estate Trainers, LLC. affiliates and third parties contracting with Haworth Group Real Estate Trainers, LLC. to provide services to you, including financial institutions. Haworth Group Real Estate Trainers, LLC. employees who design our databases and software, and those employees who provide you with customer service, along with our customer service software partners, also have access to PII as part of their job in providing services to You. Haworth Group Real Estate Trainers, LLC. may also share PII when required by law, or when you have expressly requested Haworth Group Real Estate Trainers, LLC. to do so. Haworth Group Real Estate Trainers, LLC. reserves the right to disclose and use your PII if Haworth Group Real Estate Trainers, LLC. believes it is necessary to: (a) respond to legal process, e.g., a subpoena; (b) respond to a law enforcement agency’s request; (c) enforce the Terms; or (d) protect the rights, privacy, safety, property, or operations of Haworth Group Real Estate Trainers, LLC. or third parties;
Because Non-PII does not personally identify You, Haworth Group Real Estate Trainers, LLC. reserves the right to use and disclose to third parties Non-PII for any purpose.
Consumers have the right to 1. request disclosure of Haworth Group Real Estate Trainers, LLC. data collection and sales practices in connection with the requesting consumer, including the categories of personal information you have collected, the source of the information, our use of the information and, if the information was disclosed or sold to third parties, the categories of personal information disclosed or sold to third parties and the categories of third parties to whom such information was disclosed or sold. 2. The right to request a copy of the specific personal information collected about them during the 12 months before their request (together with right #1, a “personal information request”);
3. The right to have such information deleted (with exceptions); 4. The right to request that their personal information not be sold to third parties, if applicable; and 5. The right not to be discriminated against because they exercised any of the new rights.
Haworth Group Real Estate Trainers, LLC. maintains reasonable physical, administrative and technical safeguards to protect PII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Haworth Group Real Estate Trainers, LLC. enforces its Privacy Policy via self-assessment.
Haworth Group Real Estate Trainers, LLC. reserves the right to change this privacy notice, which changes will become effective upon emailing the changes to you at the email address you provided to Haworth Group Real Estate Trainers, LLC. or as required by law.
1. Consumer may only make a personal information request twice in a 12-month period, Haworth Group Real Estate Trainers, LLC. will need to collect information from the requesting party so that it can verify their identity, and Haworth Group Real Estate Trainers, LLC. will respond within 45 days of receiving a personal information request.
2. To make such request for personal information erasure please email us at haworthgrouptrainers@gmail.com or call 760-529-2967.
3. Haworth Group Real Estate Trainers, LLC does not sell personal information if you wish to opt out of any marketing email us at haworthgrouptrainers@gmail.com or call 760-529-2967.
4. Haworth Group Real Estate Trainers, LLC collects phone number, email address, first and last name and cookies from several platforms and marketing efforts.
5. Haworth Group Real Estate Trainers, LLC collects said information from the use of cookies, the individual submitting their information, Facebook ads and Instagram marketing.
6. Haworth Group Real Estate Trainers, LLC collects data to market to existing and potential consumers. Haworth Group Real Estate Trainers, LLC collects uses phone numbers to call and text, emails to relay information and names and locations to track consumer behaviors.
7. Haworth Group Real Estate Trainers, LLC uses consumer information for:
• Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with laws and other standards;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business;
• Debugging to identify and repair errors that impair existing intended functionality;
• Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
• Undertaking internal research for technological development and demonstration; and
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the company, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
II. Links to or From Other Sites.
Except where expressly stated by Haworth Group Real Estate Trainers, LLC. The Haworth Group Real Estate Trainers, LLC. is not affiliated or associated with operators of any third-party websites that link to or are linked from any Haworth Group Real Estate Trainers, LLC. maintained website. Haworth Group Real Estate Trainers, LLC. disclaims any responsibility for the accuracy or content of information found on third party websites that link to or are linked from any Haworth Group Real Estate Trainers, LLC. website. Haworth Group Real Estate Trainers, LLC. disclaims any responsibility for the security of any information (including without limitation credit card and personally identifiable information (“PII”)) that you may provide to any third party. Haworth Group Real Estate Trainers, LLC. reserves the right, at any time and in its sole and absolute discretion, to block links to any Haworth Group Real Estate Trainers, LLC. maintained website through technological or other means without prior notice.
III. Information; Registration; User Names and Passwords
As a Haworth Group Real Estate Trainers, LLC. website user, you will be required to create an account with Haworth Group Real Estate Trainers, LLC. You warrant that the information you provide Haworth Group Real Estate Trainers, LLC. is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Haworth Group Real Estate Trainers, LLC. account, and you agree not to transfer your password or User name or lend or otherwise transfer your use of or access to your account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Haworth Group Real Estate Trainers, LLC. under your account. You agree to immediately notify Haworth Group Real Estate Trainers, LLC. of any unauthorized use of your password or User name or any other breach of security related to your account. You agree that Haworth Group Real Estate Trainers, LLC. is not liable, and you will hold Haworth Group Real Estate Trainers, LLC. harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.
IV. EU-US and Swiss-US Privacy Shield Frameworks.
Haworth Group Real Estate Trainers, LLC. complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information transferred from European Union and Switzerland to the United States, respectively. Haworth Group Real Estate Trainers, LLC. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. For full definitions of the Privacy Shield Principles, please visit
www.privacyshield.gov/EU-US-Framework.
Under the Privacy Shield, you have the right to access, correct, or delete your personal data. You also have the right to limit Haworth Group Real Estate Trainers, LLC. use of your data – including the right to opt-in or out of receiving communications from Haworth Group Real Estate Trainers, LLC. To exercise any of these rights, please send an email to
Haworth Group Real Estate Trainers, LLC.
Third party data transfer. Haworth Group Real Estate Trainers, LLC. may be liable for the transfer of EU and/or Swiss personal data to third parties acting as our agents unless we can prove we are not responsible for the event given rise to the damages.
The Choice Principle. Note that we may be required to release personal data of EU and/or Swiss individuals in response to lawful requests by public authorities including to meet national security and law enforcement requirements.
In compliance with the EU-US and Swiss-US Privacy Shield Principles, Haworth Group Real Estate Trainers, LLC. commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should contact Haworth Group Real Estate Trainers, LLC.
at: Email: HaworthGroupTrainers@gmail.com
Regular Mail: Haworth Group Real Estate Trainers Attn: 6790 Embarcadero Lane #100 Carlsbad California 92011
Haworth Group Real Estate Trainers, LLC. has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. Under certain limited conditions, individuals in the European Union or Switzerland may have the right to invoke “last resort” binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission. The Federal Trade Commission has jurisdiction with enforcement authority over Haworth Group Real Estate Trainers, LLC. compliance with the Privacy Shield.
Updated May 17, 2018 GDPR Policy
I. Collection and Use of Personal Information. The Haworth Group Real Estate Trainers, LLC. may collect personal information from You. Personal information is information relating to an identifiable person who can, by virtue of such information, be directly or indirectly identified. You may be asked to provide Your personal information anytime You are in contact with The Haworth Group Real Estate Trainers, LLC. or a The Haworth Group Real Estate Trainers, LLC. affiliated company. The Haworth Group Real Estate Trainers, LLC. and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our products or services or respond to any queries You may have.
II. What personal information we collect
• When You create a The Haworth Group Real Estate Trainers, LLC. User Account, purchase a product, download a software update, or contact us, we collect a variety of information, including Your name, mailing address, phone number, e-mail address, and contact preferences. When payment, or payment information, is required, we will direct You to submit credit card information through a third-party such as Stripe.
• When You, as a The Haworth Group Real Estate Trainers, LLC. Account Holder acquire information regarding Your customers and then upload that information to The Haworth Group Real Estate Trainers, LLC. The Haworth Group Real Estate Trainers, LLC. will store whatever personal information regarding Your customers that You have uploaded on The Haworth Group Real Estate Trainers, LLC. production servers.
III. How we use Your personal information.
• The personal information we collect allows us to keep You posted on The Haworth Group Real Estate Trainers, LLC. latest product announcements, software updates, and upcoming events. If You don’t want to be on our mailing list, You can opt out anytime by navigating to the unsubscribe link in the last e-mail You received from The Haworth Group Real Estate Trainers, LLC. You will have the option to unsubscribe from an individual list, or from all The Haworth Group Real Estate Trainers, LLC. lists.
• We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
• We may use Your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of The Haworth Group Real Estate Trainers, LLC. Account holders.
• From time to time, we may use Your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to Your interaction with The Haworth Group Real Estate Trainers, LLC. You may not opt out of receiving these communications.
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve The Haworth Group Real Estate Trainers, LLC. products, services, and customer communications.
IV. Collection and Use of Non-Personal Information. We also collect data in a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
• We may collect information such as business, language, zip code, area code, unique device identifier, referrer URL, and the time zone where a The Haworth Group Real Estate Trainers, LLC. product is used so that we can better understand customer behavior and improve our products, services, and advertising.
• We may collect information regarding customer activities on any of our websites. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is non-personal information.
• We may collect and store details of how You use our services. This information may be used to improve the relevancy of results provided by our services.
V. Cookies and Other Technologies. The Haworth Group Real Estate Trainers, LLC. websites, e-mail messages, and advertisements may use “cookies” and other technologies such as tracking, re-marketing tags, and pixels based on context, e.g., a search query, a channel You are reading, or inferred interests. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non- personal information. We design, and target advertising based on how You interact with The Haworth Group Real Estate Trainers, LLC. If You do not wish to receive ads targeted to Your interests from The Haworth Group Real Estate Trainers, LLC. You can choose to limit ad tracking, which will opt Your Haworth Group Real Estate Trainers, LLC. ID out of receiving such ads regardless of what device You are using. You may still see ads based on context like a search query or a channel You are reading. The Haworth Group Real Estate Trainers, LLC. and our partners also use cookies and other technologies to remember how You use our website and software. Our goal in these cases is to make Your experience with The Haworth Group Real Estate Trainers, LLC. more convenient and personal and provide You better customer service. To limit ad tracking, you may opt-out by clicking on this tool for (USA) or this tool for (EU) both of which are not directly The Haworth Group Real Estate Trainers, LLC. affiliated. You may also use Your browser’s settings to disable cookies and other tracking tools. Please note that certain features of The Haworth Group Real Estate Trainers, LLC. website will not be available once cookies are disabled
We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. The Haworth Group Real Estate Trainers, LLC. may use this information in our marketing and advertising services.
In some cases we use a “click-through URL” linked to content on The Haworth Group Real Estate Trainers, LLC. website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.
VI. Disclosure to Third Parties. At times The Haworth Group Real Estate Trainers, LLC. may make certain personal information available to strategic partners that work with The Haworth Group Real Estate Trainers, LLC. to provide products and services, or that help The Haworth Group Real Estate Trainers, LLC. market to customers. Personal information will only be shared by The Haworth Group Real Estate Trainers, LLC. to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
• Affiliates. The Haworth Group Real Estate Trainers, LLC. will provide Your email address to affiliates or users who refer You to us, or through whom You create a The Haworth Group Real Estate Trainers, LLC. account.
• Service Providers. The Haworth Group Real Estate Trainers, LLC. shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, and assessing Your interest in our products and services. The Haworth Group Real Estate Trainers, LLC. also shares Your information with financial institutions who provide payment (both to and from You) services. These companies are obligated to protect Your information and may be located wherever The Haworth Group Real Estate Trainers, LLC. operates.
• Legal. It may be necessary − by law, litigation, or requests from government authorities within or outside Your country of residence − for The Haworth Group Real Estate Trainers, LLC. to disclose Your personal information. We may also disclose information about You if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about You if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
• Corporate Change. Additionally, in the event of a reorganization, merger, or sale of The Haworth Group Real Estate Trainers, LLC. we may transfer any and all personal information we collect to the relevant third party.
VII. Protection of Personal Information. The Haworth Group Real Estate Trainers, LLC. takes the security of Your personal information very seriously. When Your personal data is stored by The Haworth Group Real Estate Trainers, LLC., we use computer systems with limited access housed in facilities using physical security measures. When You use some The Haworth Group Real Estate Trainers, LLC. products and services that by their nature are public facing, such as when You post on a The Haworth Group Real Estate Trainers, LLC. forum, the personal information and content You share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information You choose to share or submit in these instances. For example, if You list Your name and e-mail address in a forum posting, that information is public. Please take care when using these features.
VIII. Retention of Personal Information. The Haworth Group Real Estate Trainers, LLC. The Haworth Group Real Estate Trainers, LLC. will retain Your personal information for as long as You have a The Haworth Group Real Estate Trainers, LLC. account. After Your Haworth Group Real Estate Trainers, LLC. account is terminated, we will retain Your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
IX. Access to Personal Information. You can help ensure that Your contact information and preferences are accurate, complete, and up to date by logging in to Your account. For other personal information we hold, we will provide You with access (including a copy) upon Your request. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting HaworthGroupTrainers@gmail.com
X. Children & Education. We understand the importance of taking extra precautions to protect the privacy and safety of children using The Haworth Group Real Estate Trainers, LLC. products and services. Children under the age of 18, are not permitted to create their own The Haworth Group Real Estate Trainers, LLC. IDs; instead, a parent must obtain the account and provide the parent’s information to The Haworth Group Real Estate Trainers, LLC. If we learn that we have collected the personal information of a child under 18 we will delete the information as soon as possible.
XI. Third Party Sites and Services. The Haworth Group Real Estate Trainers, LLC. websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage You to learn about the privacy practices of those third parties.
XII. Your Rights Under the GDPR. If You are a citizen or a resident of a country in the European Union, the GDPR grants You the following rights:
a. Access to Your Personal Data. You have the right to receive a copy of Your personal data that is subject to processing by The Haworth Group Real Estate Trainers, LLC. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. In cases of excessive, unreasonable, or repeated requests The Haworth Group Real Estate Trainers, LLC. may charge You a reasonable fee and may require additional time to grant Your request. Also, The Haworth Group Real Estate Trainers, LLC. may use reasonable means to confirm Your identity before granting any request for data so as to prevent granting fraudulent requests. To request a copy of Your personal data, please contact us by e-mail at
Haworth Group Real Estate Trainers, LLC.
b. To have Your Data Corrected. If Your personal data is erroneous or outdated, You have the right to have it corrected. To do so, please contact The Haworth Group Real Estate Trainers, LLC. via e-mail at
Haworth Group Real Estate Trainers, LLC., or simply log in to Your account.
c. To be Forgotten. You have the right to be forgotten by The Haworth Group Real Estate Trainers, LLC. You may exercise this right by e-mailing us atHaworthGroupTrainers@gmail.com. We will comply with Your request, at no charge to You, within one calendar month by deleting Your account, along with all of Your personally-identifiable data that is subject to any The Haworth Group Real Estate Trainers, LLC. processing. Naturally, after we grant Your request You will not have access to any The Haworth Group Real Estate Trainers, LLC. products or services unless and until You open a new The Haworth Group Real Estate Trainers, LLC. account. The Haworth Group Real Estate Trainers, LLC. may use reasonable means to confirm Your identity before granting any request for data so as to prevent the granting of fraudulent requests.
d. To Restrict Processing of Your Data. You can request that Your data not be processed via The Haworth Group Real Estate Trainers, LLC. partners. You can make that request by e-mailing us at HaworthGroupTrainers@gmail.com and, if you wish, you can even specify which third parties to restrict from processing Your data. We will respond to Your request, at no charge to You, within thirty (30) days from when You make Your request. Please be advised that some of our partners, e.g., Stripe, are essential to The Haworth Group Real Estate Trainers, LLC. services, so that if You block processing by them, The Haworth Group Real Estate Trainers, LLC. services may be unavailable to You.
e. Portability. You have the right to receive a copy of Your personal data that is subject to processing by The Haworth Group Real Estate Trainers, LLC. in a portable format, or to have it transferred directly from The Haworth Group Real Estate Trainers, LLC. to another party. Ordinary requests will be granted without charge to You within one calendar month of when You make the request. The Haworth Group Real Estate Trainers, LLC. may use reasonable means to confirm Your identity before granting any request to transfer data to You or another party so as to prevent granting fraudulent requests. To request a copy of Your personal data in a portable format, or to request a direct transfer of Your data, please contact us by e-mail at HaworthGroupTrainers@gmail.com .
XIII. Your Responsibility Under GDPR. If You are a The Haworth Group Real Estate Trainers, LLC. User, then that probably means You are a business owner, using The Haworth Group Real Estate Trainers, LLC. software to sell goods and services to Your customers. With respect to the customer data that You provide to The Haworth Group Real Estate Trainers, LLC. The Haworth Group Real Estate Trainers, LLC. is a data processor and will comply with its obligations under the GDPR; but with respect to Your customers, You are probably a data controller, and if any of Your customers is a citizen or a resident of a country in the European Union, then You must ensure that You comply with Your obligations as a data controller under the GDPR; namely, You must ensure that You afford Your Customers the rights identified in section (a) above. The Haworth Group Real Estate Trainers, LLC. sells software; it does not provide legal advice or legal services, nor does it sell a “done-for-you” GDPR compliance package. Please consult legal counsel of Your own choosing for advice on what You need to do to comply with GDPR.
XIV. Our Companywide Commitment to Your Privacy. To make sure Your personal information is secure, we communicate our privacy and security guidelines to The Haworth Group Real Estate Trainers, LLC. employees and strictly enforce privacy safeguards within the company.
XV. Privacy Questions. If You have any questions or concerns about The Haworth Group Real Estate Trainers, LLC. Privacy Policy or data processing or if You would like to make a complaint about a possible breach of local privacy laws, please contact us at HaworthGroupTrainers@gmail.com. When a privacy question or an access or download request is received we have a team dedicated to addressing the specific concern or query which You are seeking to raise. In responding to Your request, we may need to request more information from You. If You are unsatisfied with the response You receive, You may refer Your complaint to the relevant regulator in Your jurisdiction. If You ask us, we will endeavor to provide You with information about relevant complaint avenues which may be applicable to Your circumstances. If You live in the European Economic Area, United Kingdom, or Switzerland, and You wish to contact us regarding questions or to exercise Your statutory rights, please contact us at HaworthGroupTrainers@gmail.com .
The Haworth Group Real Estate Trainers DATA PROCESSING AGREEMENT
This Data Processing Agreement (the “Agreement”) governs the Processing of personal data of Your customers that You upload or otherwise provide The Haworth Group Real Estate Trainers, LLC.
This Agreement is incorporated into The Haworth Group Real Estate Trainers, LLC. User Terms and Conditions, Privacy Policy, and GDPR Policy (collectively, “The Haworth Group Real Estate Trainers, LLC. Terms”) and is binding on You. In the event of any conflict or inconsistency between any of The Haworth Group Real Estate Trainers, LLC. Terms, the provisions of the following documents (in order of precedence) shall prevail: (a) this Agreement; (b) the GDPR Policy; (c) The Haworth Group Real Estate Trainers, LLC. User Terms and Conditions; and (d) the Privacy Policy.
1. DEFINITIONS
A. “Data Protection Requirements” means collectively the GDPR, Local Data Protection Laws, any subordinate legislation and regulation implementing the GDPR, and all Privacy Laws.
B. “Data Subject” means a person from whom You collect Personal Data.
C. The Haworth Group Real Estate Trainers, LLC. and other trademarks. In this Agreement, references to owner(s), parent company(ies), affiliate entities, and employees, and assigns. The Haworth Group Real Estate Trainers, LLC. is the data processor under this Agreement.
D. “GDPR” means the General Data Protection Regulation promulgated by the European Union for the protection of individuals regarding the Processing of personal data and on the free movement of such data.
E. “Parties” mean The Haworth Group Real Estate Trainers, LLC. and You. The Haworth Group Real Estate Trainers, LLC. and You are each a “Party.”
F. “Personal Data” means Personal Data (i) that You upload or otherwise provide The Haworth Group Real Estate Trainers, LLC. in connection with Your use of The Haworth Group Real Estate Trainers, LLC. services; and (ii) for which You are a data controller as defined by the GDPR; and (iii) that satisfies one of the following: (a) can be used to identify, contact or locate a specific individual, (b) can be combined with other information that can be used to identify, contact or locate a specific individual, or (c) is defined as “personal data” or “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about an identifiable individual.
G. “Personal Data Breach” means any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
H. “Privacy Laws” means all applicable laws, regulations, and other legal requirements relating to (a) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other Processing of any Personal Data.
I. “Process” and its cognates mean any operation or set of operations which is performed on 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.
J. “Sub-processor” means any entity which provides Processing services to The Haworth Group Real Estate Trainers, LLC. in furtherance of The Haworth Group Real Estate Trainers, LLC. Processing on behalf of You.
K. “Supervisory Authority” means an independent public authority which is established by a European Union member state pursuant to the GDPR.
L. “User” refers to a person who has created a The Haworth Group Real Estate Trainers, LLC. Account. “User Account” refers to a User’s of The Haworth Group Real Estate Trainers, LLC. Account.
M. “You” and “Your” means The Haworth Group Real Estate Trainers, LLC. User - You are Data Controller.
2. NATURE OF DATA PROCESSING
Each Party agrees to Process Personal Data received under the Agreement only for the purposes set forth in the Agreement. For the avoidance of doubt, the purposes of Personal Data Processing and the categories of Data Subjects subject to this Agreement are described in Schedule A to this Agreement.
3. COMPLIANCE WITH LAWS
The Parties shall each comply with their respective obligations under all applicable Data Protection Requirements.
4. YOUR OBLIGATIONS
You agree to:
4.1 Provide instructions to The Haworth Group Real Estate Trainers, LLC. and determine the purposes and general means of The Haworth Group Real Estate Trainers, LLC. Processing of Personal Data in accordance with the Agreement; and
4.2 Comply with protection, security and other obligations with respect to Personal Data prescribed by Data Protection Requirements for data controllers by: (a) establishing and maintaining a procedure for the exercise of the rights of the individuals whose Personal Data are Processed on Your behalf; (b) Processing only data that has been lawfully and validly collected and ensuring that such data will be relevant and proportionate to the respective uses; and (c) ensuring compliance with the provisions of this Agreement by Your personnel or by any third-party accessing or using Personal Data on Your behalf.
5. HAWORTH GROUP’S OBLIGATIONS
5.1 Processing Requirements. The Haworth Group Real Estate Trainers, LLC. will:
a. Process Personal Data (i) only for the purpose of providing, supporting and improving The Haworth Group Real Estate Trainers, LLC. services (including to provide insights and other reporting), using appropriate technical and organizational security measures; and (ii) in compliance with instructions received from You. The Haworth Group Real Estate Trainers, LLC. will not use or Process Personal Data for any other purpose. The Haworth Group Real Estate Trainers, LLC. will promptly inform You in writing if it cannot comply with its requirements under this Agreement, in which case You may terminate the Agreement or take any other reasonable action, including suspending of data Processing operations;
b. Inform You promptly if, in The Haworth Group Real Estate Trainers, LLC. opinion, an instruction from You violates applicable Data Protection Requirements;
c. Follow Your instructions regarding Personal Data (including with regard to the provision of notice and exercise of choice) You have stored with The Haworth Group Real Estate Trainers, LLC.
d. Take commercially reasonable steps to ensure that (i) persons employed by it and (ii) other persons engaged to perform on The Haworth Group Real Estate Trainers, LLC. behalf comply with the terms of this Agreement;
e. Ensure that its employees, authorized agents and any Sub-processors are required to comply with and acknowledge and respect the confidentiality of Personal Data, including after the end of their respective employment, contract or assignment;
f. If it intends to engage Sub-processors to help it satisfy its obligations in accordance with this Agreement or to delegate all or Part of the Processing activities to such Sub-processors, (i) obtain the prior written consent of You to such subcontracting, such consent to not be unreasonably withheld; (ii) remain liable to You for the Sub-processors’ acts and omissions with regard to data protection where such Sub-processors act on The Haworth Group Real Estate Trainers, LLC. instructions; and (iii) enter into contractual arrangements with such Sub-processors binding them to provide the same level of data protection and information security to that provided for herein;
g. Upon request, provide You with a summary of The Haworth Group Real Estate Trainers, LLC. privacy and security policies; and
h. Inform You if The Haworth Group Real Estate Trainers, LLC. undertakes an independent security review.
i. Not transfer personal data to a country other than the United States or to an international organization, unless required to do so by EU law. In any instance in which The Haworth Group Real Estate Trainers, LLC. is required to transfer personal data to any other country, or to an international organization, The Haworth Group Real Estate Trainers, LLC. will first inform you, unless The Haworth Group Real Estate Trainers, LLC. is prohibited by law from so informing You.
5.2 Notice to You. The Haworth Group Real Estate Trainers, LLC. will inform You if The Haworth Group Real Estate Trainers, LLC. becomes aware of:
a. Any non-compliance by The Haworth Group Real Estate Trainers, LLC. or its employees with this Agreement or the Data Protection Requirements relating to the protection of Personal Data Processed under this Agreement;
b. Any legally binding request for disclosure of Personal Data by a law enforcement authority, unless The Haworth Group Real Estate Trainers, LLC. is otherwise forbidden by law to inform You, for example to preserve the confidentiality of an investigation by law enforcement authorities;
c. Any notice, inquiry or investigation by a Supervisory Authority with respect to Personal Data; or
d. Any complaint or request (requests for access to, rectification or blocking of Personal Data) received directly from Data Subjects of Yours. The Haworth Group Real Estate Trainers, LLC. will not respond to any such request without Your prior written authorization.
5.3 Assistance to You. The Haworth Group Real Estate Trainers, LLC. will provide reasonable assistance to You regarding:
a. Any requests from Your Data Subjects in respect to access to or the rectification, erasure, restriction, portability, blocking or deletion of Personal Data that The Haworth Group Real Estate Trainers, LLC. Processes for You. In the event that a Data Subject sends such a request directly to The Haworth Group Real Estate Trainers, LLC., The Haworth Group Real Estate Trainers, LLC. will promptly send such request to You;
b. The investigation of Personal Data Breaches and the notification to the Supervisory Authority and Your Data Subjects regarding such Personal Data Breaches; and
c. Where appropriate, the preparation of data protection impact assessments and, where necessary, carrying out consultations with any Supervisory Authority.
5.4 Required Processing. If The Haworth Group Real Estate Trainers, LLC. required by Data Protection Requirements to Process any Personal Data for a reason other than providing the services described in the Agreement, The Haworth Group Real Estate Trainers, LLC. will inform You of this requirement in advance of any Processing, unless The Haworth Group Real Estate Trainers, LLC. is legally prohibited from informing You of such Processing (e.g., as a result of secrecy requirements that may exist under applicable EU member state laws).
5.5 Security. The Haworth Group Real Estate Trainers, LLC. will:
a. Maintain appropriate organizational and technical security measures (including with respect to personnel, facilities, hardware and software, storage and networks, access controls, monitoring and logging, vulnerability and breach detection, incident response, encryption of Personal Data while in transit and at rest) to protect against unauthorized or accidental access, loss, alteration, disclosure or destruction of Personal Data;
b. Be responsible for the sufficiency of the security, privacy, and confidentiality safeguards of all The Haworth Group Real Estate Trainers, LLC. personnel with respect to Personal Data and liable for any failure by such The Haworth Group Real Estate Trainers, LLC. personnel to meet the terms of this Agreement;
c. Take reasonable steps to confirm that all The Haworth Group Real Estate Trainers, LLC. personnel are protecting the security, privacy and confidentiality of Personal Data consistent with the requirements of this Agreement; and
d. Notify You of any Personal Data Breach by The Haworth Group Real Estate Trainers, LLC. its Sub-processors, or any other third-parties acting on The Haworth Group Real Estate Trainers, LLC. behalf without undue delay and in any event within 48 hours of becoming aware of a Personal Data Breach.
6. AUDIT, CERTIFICATION
6.1 Supervisory Authority Audit. If a Supervisory Authority requires an audit of the data Processing facilities from which The Haworth Group Real Estate Trainers, LLC. Processes Personal Data in order to ascertain or monitor Your compliance with Data Protection Requirements, The Haworth Group Real Estate Trainers, LLC. will cooperate with such audit. You are responsible for all costs and fees related to such audit, including all reasonable costs and fees for any and all time The Haworth Group Real Estate Trainers, LLC. expends for any such audit, in addition to the rates for services performed by The Haworth Group Real Estate Trainers, LLC.
6.2 Audits. The Haworth Group Real Estate Trainers, LLC. must, upon Your request (not to exceed one request per calendar year) by email to HaworthGroupTrainers@gmail.com, certify compliance with this Agreement in writing. If The Haworth Group Real Estate Trainers, LLC. assurance does not provide, in Your reasonable judgment, sufficient information to confirm The Haworth Group Real Estate Trainers, LLC. compliance with the terms of this Agreement, then You or an accredited third-party audit firm agreed to by both You and The Haworth Group Real Estate Trainers, LLC. may audit The Haworth Group Real Estate Trainers, LLC. compliance with the terms of this Agreement during regular business hours, with reasonable advance notice to The Haworth Group Real Estate Trainers, LLC. and subject to reasonable confidentiality procedures. You will be responsible for all costs and fees related to such audit, including all reasonable costs and fees for any and all time The Haworth Group Real Estate Trainers, LLC. expends for any such audit, in addition to the rates for services performed by The Haworth Group Real Estate Trainers, LLC. Before the commencement of any such audit, You and The Haworth Group Real Estate Trainers, LLC. shall mutually agree upon the scope, timing, and duration of the audit. You shall promptly notify The Haworth Group Real Estate Trainers, LLC. with information regarding any non-compliance discovered during the course of an audit. You may not audit The Haworth Group Real Estate Trainers, LLC. more than once annually.
7. DATA RETURN AND DELETION
The Parties agree that on the termination of the data Processing services or upon Your reasonable request, The Haworth Group Real Estate Trainers, LLC. shall, and shall cause any Sub-processors to, at the choice of You, return all Personal Data and copies of such data to You or securely destroy them and demonstrate to Your reasonable satisfaction that The Haworth Group Real Estate Trainers, LLC. has taken such measures, unless Data Protection Requirements prevent The Haworth Group Real Estate Trainers, LLC. from returning or destroying all or part of the Personal Data disclosed. In such case, The Haworth Group Real Estate Trainers, LLC. agrees to preserve the confidentiality of the Personal Data retained by it and that it will only actively Process such Personal Data after such date in order to comply with applicable laws.
8. THIRD-PARTY DATA PROCESSORS
You acknowledge that in the provision of some services, The Haworth Group Real Estate Trainers, LLC. on receipt of instructions from You, may transfer Personal Data to and otherwise interact with third-party data Processors. You agree that if and to the extent such transfers occur, You are responsible for entering into separate contractual arrangements with such third-party data Processors binding them to comply with obligations in accordance with Data Protection Requirements. For avoidance of doubt, such third-party data Processors are not Sub-processors.
9. TERM
This Agreement shall remain in effect as long as The Haworth Group Real Estate Trainers, LLC. carries out Personal Data Processing operations on behalf of You or until the termination of The Haworth Group Real Estate Trainers, LLC. Contract (and all Personal Data has been returned or deleted in accordance with this Agreement).
10. GOVERNING LAW, JURISDICTION, VENUE, ATTORNEYS’ FEES
Notwithstanding anything in the Agreement to the contrary, this Agreement shall be governed by the laws of Ireland, and any action or proceeding related to this Agreement (including those arising from non-contractual disputes or claims) will be brought in Dublin, Ireland. In the event of any litigation between the Parties that in any way relates to this Agreement, each Party shall bear its own costs and attorneys’ fees, regardless of which Party, if either of them, is deemed the prevailing Party.
