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Data Processing Agreement – License Holders

AgroSoft A/S (“AgroSoft”) develops and supplies software solutions for the management of livestock in License Holders (“Software”). AgroSoft also offers to store backup copies of the information generated in connection with the use of the Software. AgroSoft grants licences for License Holders to use the Software and for entities, which are authorized to give license the Software (the “License Holder”).

The licence agreement between AgroSoft and the License Holder as well as any storage by AgroSoft of the backup copies of information generated by the License Holder are subject to the following terms and conditions (“Terms and Conditions”):

  1. The processed personal data

AgroSoft has access to and processes the following personal data (“Personal Data”) on behalf of the License Holder:

  • Contact information on the owner and general manager of the agricultural holding (name, address, telephone number, business registration number (VAT no.))
  • Information on production, including the size and composition of the livestock of the agricultural holding and use of medication.
  1. Purposes

AgroSoft processes the Personal Data only for purposes necessary to supply Software to the License Holder and to store any backup copies of information generated by the License Holder.

  1. AgroSoft’s obligations

AgroSoft undertakes to comply with the legislation on the processing of personal data applicable from time to time in connection with its processing of Personal Data and storing of backup copies.

AgroSoft will implement appropriate technical and organisational security measures to protect the Personal Data against accidental or unlawful destruction, loss or alteration and against unauthorised disclosure, abuse or other processing in violation of the legislation on the processing of personal data.

These Terms and Conditions do not govern situations where the License Holder passes on Personal Data, registered in the Software, to recipients, who do not have a license to the Software.

If AgroSoft passes on Personal Data to other data processors, including sub-data processors, AgroSoft must notify the License Holder thereof. Such notification may take place in connection with the next software update.

If AgroSoft passes on Personal Data to other data processors, including sub-data processors, AgroSoft must make sure that the recipient of the Personal Data undertakes in writing vis-à-vis AgroSoft to be subject to the same terms and conditions in respect of the security requirements following from these Terms and Conditions. The License Holder may request to receive copies of agreements between AgroSoft and any data processors receiving the Personal Data.

If AgroSoft passes on Personal Data to data processors, including sub-data processors, which are not established in the same country as the License Holder, it must be stated in the agreement between AgroSoft and the data processor that the data processor must comply with the legislation on the processing of personal data in the country in which the License Holder is established. If the data processor is also established in an EU Member State with special legislative requirements in respect of data processors, the data processor must also fulfil such requirements.

AgroSoft must notify the License Holder as soon as possible in case of interruptions in operation, suspicion of breaches of the data protection rules or other irregularities in connection with the processing of the Personal Data.

At the request of the License Holder, AgroSoft must provide the License Holder with sufficient information for the latter to be able to make sure that AgroSoft has taken the necessary technical and organisational security measures.

  1. Legislative changes

In the event of changes to the legislation on the processing of personal data in the country in which the License Holder is established, and if such changes are relevant to the relationship between AgroSoft and the License Holder, AgroSoft is entitled to change the Terms and Conditions to the extent necessary considering the specific legislative changes. The License Holder will accept such changes to the Terms and Conditions in connection with the next software update.

  1. Other provisions

These Terms and Conditions govern the relationship between the parties as from the License Holder’s approval hereof.

In the event of termination of the licence agreement between AgroSoft and the License Holder, these Terms and Conditions must terminate accordingly. AgroSoft is, however, subject to the Terms and Conditions for as long as AgroSoft has access to and processes Personal Data or stores backup copies on behalf of the License Holder.

In the event of termination of the licence agreement, the License Holder is entitled to demand that the Personal Data be returned to the License Holder or that it be deleted. The License Holder, however, cannot demand that the Personal Data be returned or deleted if AgroSoft or AgroSoft’s sub-data processors are required by law to store the Personal Data.

These Terms and Conditions are subject to Danish law.

Any claim and any dispute arising out of or in connection with these Terms and Conditions must be brought before AgroSoft’s home court.

July 2014