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TWB Voice Data Sharing Agreement
This Data Sharing Agreement ("Agreement") is entered into by and between CLEAR Global, a charity registered in the United States of America with a principal place of business at 9169 W State ST STE 3055 Garden City, Idaho 83714 and the Downloader of this dataset (each a "Party", together, "the Parties") to reflect the Parties' agreement with regard to the Processing of Personal Data.
IT IS AGREED:
In consideration of the mutual benefit to the parties in ensuring that their obligations under applicable Data Protection Laws are agreed in writing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. DEFINITIONS
"Data Protection Laws" means all applicable data protection laws, rules, regulations, and governmental requirements relating in any way to the privacy, confidentiality, security, integrity and protection of Personal Data in force from time to time in the European Union (EU), including without limitation, the EU GDPR, as amended or superseded from time to time.
"Data Subject Request" means any request from a Data Subject relating to his/her right under Data Protection Laws (in each case where applicable): (i) to access their Personal Data; (ii) to rectify their Personal Data; (iii) to restrict processing of their Personal Data; (iv) to have their Personal Data erased; (v) to have their Personal Data ported; (vi) to object to Personal Data processing; or (vii) not to be subject to automated individual decision making.
"Personal Data" means the Personal Data shared or exchanged between the respective Parties to the extent required, further details of which are set out in Schedule 1.
"Personal Data", "Process/Processing", "Processor", "Controller", "Joint Controllers", "Data Subject", and "Supervisory Authority" shall have the meanings given to them in the Data Protection Laws.
Capitalised terms not otherwise defined herein shall have the meanings attributed to them in the Data Protection Laws.
2. RELATIONSHIP OF THE PARTIES
2.1. The Parties acknowledge and agree that in the course of the engagement between CG and Downloader, Personal Data may be processed between the Parties as follows:
2.1.1. Between CLEAR Global and Downloader, where each Party acts as an independent Controller.
2.2. Each Party shall appoint a single point of contact who will work together to reach an agreement with regards to any issues arising from the data sharing and to actively improve the effectiveness of the data sharing initiative. The points of contact for each of the Parties are:
2.2.1. For CLEAR Global: Mariam Mohanna [email protected];
2.2.2. For Downloader: [Name and email address].
3. PART A: INDEPENDENT CONTROLLERS PROVISIONS
3.1. Applicability of Part A
3.1.1. This Part A applies to the processing of Personal Data between CLEAR Global and Downloader, to the extent that either Party is acting as an independent Controller. Details of the specific processing activities to which this Part A applies, are set out in Schedule 1 and form an integral part of this Part A.
3.2. Data Sharing Obligations
3.2.1. The Parties shall:
3.2.1.1. comply with Data Protection Laws and agree to process Personal Data only for the purposes set out in Schedule 1 to this Agreement;
3.2.1.2. process only the minimum amount of Personal Data necessary to achieve the purposes set out in Schedule 1 to this Agreement;
3.2.1.3. take the technical and organizational security measures set out in Schedule 2 as appropriate to the nature of the data, including restricting the personnel permitted to access the Personal Data;
3.2.1.4. where the processing involves sensitive Personal Data, apply additional safeguards adapted to the sensitive nature of the data and the heightened risks involved for Data Subjects. This may include additional security measures (such as encryption, password-protection, and/or pseudonymisation, including during transmission);
3.2.1.5. in the event of a Personal Data Breach concerning Personal Data, take appropriate measures to address the Personal Data Breach, including measures to mitigate its possible adverse effects for Data Subjects. The Party that suffered a Personal Data Breach shall promptly inform the other Party of the Personal Data Breach if it is likely to result in a risk to the rights and freedoms of Data Subjects without undue delay;
3.2.1.6. retain the Personal Data only for as long as necessary for the purposes set out in Schedule 1 to this Agreement whilst keeping the Personal Data confidential at all times;
3.2.1.7. on receipt of a subject access request from a Data Subject, the Party in receipt shall contact the other Party to notify them of receipt of such a request. Downloader shall have overall responsibility for responding to the request.
3.2.1.8. inform the other Party if it receives any direct requests to exercise a Data Subject right, a notice of a complaint to the Supervisory Authority or investigation or other action of the Supervisory Authority concerning Personal Data without undue delay.
3.2.2. CLEAR Global shall only share Personal Data with Downloader where CLEAR Global has obtained the Data Subjects' valid permissions and/or consents or has a legal basis for sharing such information with Downloader.
3.2.3. Each Party shall ensure that it has legitimate grounds under the Data Protection Legislation (where applicable) for the processing of shared Personal Data. Where the legal basis is consent, there must be written evidence of that consent.
3.2.4. In the event of a dispute or claim brought by a Data Subject or the Supervisory Authority concerning the processing of the Personal Data listed in Schedule 1 against either or both Parties, the Parties will inform each other about any such disputes or claims, and will co-operate with a view to settling them amicably in a timely fashion.
3.2.5. CLEAR Global shall ensure the shared Personal Data collected and shared with Downloader is accurate and kept up to date. CLEAR Global shall take every reasonable step to notify Downloader immediately if shared Personal Data is inaccurate, so that Downloader could take steps to erase or rectify such shared Personal Data in its own systems without delay.
3.2.6. Each Party shall promptly inform the other if it is unable to comply with this Agreement, for whatever reason.
3.2.7. In the event that either of the Parties is in breach of this Agreement or unable to comply with this Agreement, the other Party shall suspend the processing of Personal Data until compliance is again ensured or the contract is terminated.
4. PART B: DATA SHARING PROVISIONS
4.1. Applicability of Part B
4.1.1. This Part B applies to all of Personal Data between the Parties.
4.2. Term and Termination
4.2.1. This Agreement comes into effect on the date of its signing by each Party and will terminate for a Party on its giving at least 30 days prior written notice to all the other Party.
4.3. General
4.3.1. This Agreement may be executed in any number of counterparts, each of which will be an original but all of which together constitute one Agreement.
4.3.2. This Agreement and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by the laws of Massachusetts, US.
4.3.2.1. The Parties irrevocably agree that the courts of Massachusetts, US shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject or formation (including non-contractual disputes or claims).
4.3.3. No variation of this Agreement shall be effective unless it is in writing and signed by each Party (or their authorised representatives).
4.3.4. If and to the extent that one of the provisions of this Agreement is held to be illegal, void or unenforceable, the validity of the remaining provisions of this Agreement shall not be affected. The Parties agree to replace the invalid provision with a valid one which comes as close as possible to the Parties' original objective as regards this Agreement.
SCHEDULE 1: DESCRIPTION OF DATA PROCESSING
Subject Matter: The subject matter of the processing is the transfer and use of voice data and associated metadata published in this dataset.
Duration: From dataset download until such time as the Downloader no longer retains or processes the dataset, or is otherwise notified of updates or data subject requests requiring action.
Nature and purpose(s) of processing: The personal data contained in this dataset is made available for the purpose of developing and improving language technologies that support social impact and public benefit, strictly within non-commercial use cases.
Unless explicitly agreed otherwise in writing between CLEAR Global and the Downloader, any commercial use is prohibited. Downloaders are expected to align their use of the dataset with the goals of accessibility, inclusion, and ethical development of language resources.
Types of Personal Data: The personal data to be shared includes voice recordings and the following accompanying metadata:
- Age
- Language
- Country
- Language variant
- Education level
- Gender
Categories of Data Subjects: Translators without Borders community members at CLEAR Global
SCHEDULE 2: TECHNICAL AND ORGANISATIONAL MEASURES
Technical
- User-based access controls for systems containing Personal Data
- Strong password policies and other device locking controls
- Multi-factor authentication to access systems containing Personal Data
- Regular backups of data
- Regular testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing
- Recording of event logs
- Secure configuration of servers, computers, tablets, and cloud services
Organisational
- Implementation and maintenance of disaster recovery and business continuity plans
- Implementation of security and Personal Data Breach response plans
- Secure document destruction
- Clear protocols and guidelines to support data subject rights, such as the right to access, rectify, or delete their data
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