ParkAgenda Confidentiality and Data Protection Agreement

1. Parties and purpose

This agreement is made between JADEV-GROUP SRL, a Belgian company with its registered office at Rue du Laekenved 7, 1080 Brussels, Belgium, company number BE1027.114.687, publisher of ParkAgenda ("ParkAgenda", "we"), and any organisation using ParkAgenda, whether on a trial or a subscription ("the Customer", "you").

It governs the confidentiality of information the parties exchange, and ParkAgenda’s processing of the data the Customer entrusts to it.

2. Automatic application

This agreement applies automatically, without signature, as soon as the Customer starts a trial, subscribes, or sends ParkAgenda data or access credentials, such as an API key. A signed copy is available on request at [email protected].

3. Definitions

• Confidential Information: any non-public information disclosed by one party to the other, in any form: commercial data, prices, volumes, customers, processes, technical access, code and documentation.
• Customer Data: all data the Customer enters into ParkAgenda or has synchronised into it, including its bookings, customers, vehicles and staff.
• Personal Data: Customer Data relating to an identified or identifiable natural person, within the meaning of Regulation (EU) 2016/679 ("GDPR").

4. Confidentiality undertaking

Each party undertakes, for the other’s Confidential Information, to:

• use it only to provide or use ParkAgenda;
• disclose it only to staff and subcontractors who need it and who are bound by confidentiality obligations at least as protective;
• protect it with at least the care it gives its own confidential information, and never less than reasonable care.

ParkAgenda never sells, rents or transfers Customer Data, and does not use it on its own account.

5. Exceptions

The undertaking does not apply to information that is or becomes public through no fault of the receiving party, that it already lawfully held, that it lawfully receives from a third party not bound by secrecy, or that it develops independently. A party may disclose information where required by law or by an authority, notifying the other party where permitted.

6. Personal data protection

For Personal Data, the Customer is the controller and ParkAgenda acts as processor under Article 28 GDPR. ParkAgenda undertakes to:

• process Personal Data only to provide ParkAgenda and on the Customer’s instructions;
• ensure that anyone authorised to access it is bound by confidentiality;
• implement appropriate security measures, described in clause 7;
• assist the Customer in responding to data subject requests (access, rectification, erasure, objection, portability);
• notify the Customer of any personal data breach affecting it without undue delay, and no later than 48 hours after becoming aware of it;
• make available the information needed to demonstrate compliance with these obligations.

7. Hosting and security

Customer Data is hosted in the European Union on Microsoft Azure infrastructure, West Europe region (Netherlands). Automatic backups are replicated to the paired Azure region, also in the European Union (Ireland).

Data is encrypted in transit and at rest. Access is individual, authenticated, and limited to those who need it.

8. Sub-processors

The Customer authorises ParkAgenda to use the following sub-processors, each limited to its role:

• Microsoft Ireland Operations Ltd: hosting (Azure) and authentication (Entra), European Union.
• Twilio Inc. (SendGrid): sending automatic emails, United States.
• Stripe Payments Europe Ltd: billing of the ParkAgenda subscription, European Union.
• JADEV-CORP SARL: technical support and maintenance, Morocco.

ParkAgenda informs the Customer of any addition or replacement, to which the Customer may object on legitimate grounds.

9. Transfers outside the European Union

Where Personal Data is accessible from a country outside the European Economic Area, in particular for technical support from Morocco or email delivery by a US provider, the transfer is governed by the European Commission’s standard contractual clauses or another mechanism recognised by the GDPR.

10. Credentials and access keys

Credentials and API keys the Customer provides, for example to synchronise its software with ParkAgenda, are used solely for that synchronisation. They are stored encrypted, never disclosed to third parties, and never displayed in clear in ParkAgenda. The Customer may revoke them at any time from its own software, which stops synchronisation immediately.

11. Termination and data deletion

The Customer may end a trial or subscription at any time, at no cost and without giving a reason, by email to [email protected].

• Retrieval: on request, ParkAgenda provides the Customer with an export of its data in a common format before any deletion.
• Deletion: Customer Data is deleted from ParkAgenda’s servers no later than 30 days after termination. Backup copies then expire automatically, no later than 35 days after that.

ParkAgenda may keep only the information a legal obligation requires it to retain, in particular accounting records, for the required period.

12. Ownership

Customer Data remains the property of the Customer. This agreement grants no licence or right over the other party’s Confidential Information.

13. Term

The agreement applies from the first exchange of information. The confidentiality undertaking survives for five years after the relationship ends, and without time limit for Personal Data for as long as ParkAgenda holds it.

14. International scope

This agreement applies whatever the Customer’s country. Where the Customer is subject to other data protection legislation, in particular the UK GDPR, the Swiss Federal Act on Data Protection or Moroccan Law 09-08, ParkAgenda also meets the requirements applicable to the processing it performs.

15. Governing law and jurisdiction

The agreement is governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the courts of Brussels. In the event of any discrepancy between the French version and a translation, the French version prevails.

16. Contact

JADEV-GROUP SRL, ParkAgenda, Rue du Laekenved 7, 1080 Brussels, Belgium.

Email: [email protected]