DATA PROCESSING AGREEMENT (DPA)

1. Introduction

This Data Processing Agreement (DPA) is an integral part of the Terms and Conditions of Guestbook.TV and Wed.TV. By using our services, the User acknowledges and agrees to the terms of this DPA, ensuring compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679.

This agreement governs the processing of personal data by Juga Entertainment S.L., acting as the Data Processor, on behalf of the User, who acts as the Data Controller.

2. Scope and Purpose of Processing

1. Scope: This DPA applies to all personal data processed by Juga Entertainment S.L. on behalf of the User in connection with the services provided by Guestbook.TV and Wed.TV.
2. Purpose: The processing of personal data is strictly limited to the provision of services as defined in the Terms and Conditions, ensuring compliance with GDPR and other applicable laws.
3. Instructions: The User (Data Controller) provides instructions to Juga Entertainment S.L. (Data Processor) regarding the processing of personal data, and Juga Entertainment S.L. will process such data only as necessary to provide the services.

3. Data Categories and Data Subjects

1. Categories of Data Processed:

• Contact details (e.g., names, email addresses)
• Media files (e.g., photos, videos, messages submitted via guestbooks)
• Any other user-generated content relevant to the platform

2. Data Subjects:

• Users of Guestbook.TV and Wed.TV
• Third parties whose data is uploaded or shared by Users (e.g., guests contributing to guestbooks)

4. Responsibilities of the Data Processor

Juga Entertainment S.L., acting as the Data Processor, agrees to:

1. Process personal data only on the documented instructions of the User (Data Controller).
2. Ensure that persons authorized to process personal data are committed to confidentiality.
3. Implement appropriate technical and organizational measures to ensure the security, integrity, and confidentiality of personal data.
4. Assist the User in fulfilling GDPR obligations related to data subjects' rights, security measures, and incident response.
5. Delete or return all personal data to the User upon termination of services, unless legally required to retain it.
6. Allow audits or inspections by the User to verify compliance with GDPR.

5. Responsibilities of the Data Controller

The User (Data Controller) is responsible for:

1. Ensuring that the collection and processing of personal data comply with GDPR, including obtaining necessary consents from data subjects.
2. Providing accurate and lawful data processing instructions.
3. Informing data subjects about the processing activities conducted via Guestbook.TV and Wed.TV.
4. Ensuring that personal data uploaded to the platform does not violate any privacy rights or applicable laws.

6. Security Measures

Juga Entertainment S.L. will implement appropriate security measures, including but not limited to:

1. Encryption of stored and transmitted data
2. Access control to personal data based on user roles
3. Regular security audits and compliance checks
4. Data minimization and privacy-by-design principles

7. Sub-Processing

Juga Entertainment S.L. may engage sub-processors to perform certain data processing activities, provided that:

1. The sub-processor complies with GDPR and ensures the same level of protection.
2. The User is informed about any sub-processing arrangements upon request.

8. Data Transfers

1. Hosting and Storage: Personal data is processed and stored in European Economic Area (EEA).
2. International Transfers: If data is transferred outside the EEA, appropriate safeguards (such as Standard Contractual Clauses (SCCs)) will be implemented.

9. Data Breach Notification

In case of a data breach, Juga Entertainment S.L. will:

1. Notify the User without undue delay (within 72 hours, as required by GDPR).
2. Provide relevant details, including scope, impact, and remediation efforts.
3. Assist the User in fulfilling legal obligations related to breach reporting and mitigation.

10. Term and Termination

1. This DPA remains in effect as long as Juga Entertainment S.L. processes personal data on behalf of the User.
2. Upon termination, all personal data will be deleted or returned, unless retention is required by law.

11. Liability and Indemnification

1. Juga Entertainment S.L. shall be liable only for violations of GDPR resulting from its failure to comply with this DPA.
2. The User remains fully responsible for any unlawful processing, including the upload of unauthorized third-party data.
3. Both parties agree to indemnify each other for damages arising from non-compliance with GDPR obligations.

12. Governing Law and Jurisdiction

1. This DPA is governed by the laws of Spain.
2. Any disputes arising from this agreement shall be settled in the courts of Spain.

13. Publication & Access

1. This DPA is integrated into our Terms and Conditions and is binding upon all users of Guestbook.TV and Wed.TV.
2. A full version of this agreement is available on our Legal Section and can be accessed at https://guestbook.tv/en/dpa/.
3. continuing to use the service, the User acknowledges and agrees to the terms outlined in this DPA.