Introduction:
This Data Processing Agreement (“DPA”) governs the processing of personal data on behalf of customers of Traders Education Ltd, related to the delivery of its services. Including its Annexes and Traders Education Ltd’s terms of service, this DPA forms part of the electronic agreement between Traders Education Ltd, located at 24 Hanagar, Hod Hasharon, Israel, with registration number 516696861, and the customer for the purchase of online services from Traders Education Ltd (“the Agreement”).

Effective Date: 27 December 2022:
This DPA is an integral part of the Agreement and outlines the terms that apply when Personal Data is processed by Traders Education Ltd under the Agreement. Its purpose is to ensure that such processing is conducted in compliance with applicable laws and respects the rights and freedoms of the individuals whose Personal Data is processed.

In alignment with the COMMISSION IMPLEMENTING DECISION (EU) 2021/915 of 4 June 2021 on standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council, the parties agree to comply with the following stipulations outlined in the ANNEX STANDARD CONTRACTUAL CLAUSES SECTION Ⅰ and subsequent sections.

ANNEX STANDARD CONTRACTUAL CLAUSES SECTION Ⅰ

• Clause 1 – Purpose and scope: These Standard Contractual Clauses ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of Regulation (EU) 2018/1725 regarding the processing of personal data.
• Clause 2 – Invariability of the Clauses: Modifications to the Clauses are limited to adding or updating information in the Annexes without detracting from the fundamental rights or freedoms of data subjects.
• Clause 3 – Interpretation: Terms defined in Regulation (EU) 2016/679 or Regulation (EU) 2018/1725 have the same meanings within these Clauses.
• Clause 4 – Hierarchy: In case of contradiction, these Clauses prevail over related agreements between the Parties.
• Clause 5 – Optional Docking clause: Entities not initially part of these Clauses can accede as a controller or a processor by signing Annex Ⅰ.

SECTION Ⅱ OBLIGATIONS OF THE PARTIES

• Clause 6 – Description of processing(s): Specifies the categories of personal data and processing purposes as detailed in Annex Ⅱ.
• Clause 7 – Obligations of the Parties:
  • 7.1 Instructions: The processor is to process personal data based solely on documented instructions from the controller.
  • 7.2 Purpose limitation: Personal data is processed only for specified purposes.
  • 7.3 Duration of the processing: Limited to the duration specified in Annex Ⅱ.
  • 7.4 Security of processing: Implementing measures to ensure data security.
  • 7.5 Sensitive data: Applying specific restrictions and/or additional safeguards for processing sensitive data.
  • 7.6 Documentation and compliance: Demonstrating compliance with these Clauses and regulations.
  • 7.7 Use of sub-processors: Conditions under which sub-processors are engaged.
  • 7.8 International transfers: Conditions for transferring data to third countries or international organizations.
• Clause 8 – Assistance to the controller: Supporting the controller in fulfilling their obligations to respond to data subjects’ requests and ensuring data accuracy and security.
• Clause 9 – Notification of personal data breach: Cooperation and assistance in case of personal data breaches.

SECTION Ⅲ FINAL PROVISIONS

• Clause 10 – Non-compliance and termination: Actions in case of non-compliance, including suspension of data processing and termination of the contract. Procedures following termination regarding the deletion or return of personal data.

Recommendations for Comprehensive Compliance and Transparency:

• Clarity and Accessibility: Ensure the DPA is easily accessible on Traders Education Ltd’s website for all users.
• Legal Review: Reviewed by legal counsel to ensure full compliance with GDPR and other applicable privacy regulations.
• User Consent and Updates: Obtain user acknowledgment or consent and communicate any future updates to the DPA in a timely manner.
• Security Measures: Implement and periodically review technical and organizational measures to protect personal data.
• Handling of International Transfers: Reflect mechanisms in place for data transfers outside the European Economic Area, ensuring GDPR compliance.
• Contact Information: Provide clear contact details for Traders Education Ltd’s Data Protection Officer (DPO) for queries or concerns.