Data Privacy Agreement for Tinkerfabric

Effective Date: 1st Aug. 2024

1. Introduction

This Data Privacy Agreement ("Agreement") is entered into by and between Tinkerfabric, located at Av. de Tirajana Edificio Mercurio Torre 1, 2B, 35100 Maspalomas, Las Palmas, Gran Canarias, Spain ("Company"), and the users of Tinkerfabric's platforms ("Users"). This Agreement outlines the Company's commitment to protecting Users' personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). As a company specializing in bespoke AI and software solutions, Tinkerfabric recognizes the importance of data privacy and the trust Users place in us to handle their information responsibly.

2. Purpose of Data Collection

The Company collects and processes personal data to provide Users with access to Tinkerfabric's services, including our innovative AI-driven business management software, BusinessFabric. This platform is designed to optimize business operations and enhance decision-making for small and medium-sized enterprises (SMEs). The data collected may include, but is not limited to, Users' names, contact information, business-related data, and any other information necessary to tailor our services to meet Users' specific needs. By understanding our Users better, we can deliver precision-crafted solutions that align perfectly with their business objectives.

3. Legal Basis for Processing

The Company processes personal data based on the following legal grounds:

- Consent: Users provide explicit consent for the Company to process their personal data for specified purposes, such as receiving personalized insights and updates about our services.

- Contractual Necessity: Processing is necessary for the performance of a contract to which the User is a party, including the provision of our software solutions and consultation services.

- Legal Obligation: Processing is required to comply with legal obligations, such as data retention and reporting requirements under applicable data protection laws.

4. Data Sharing and Disclosure

The Company may share Users' personal data with third parties under the following circumstances:

- Service Providers: The Company may engage third-party service providers, such as Global Accountancy, to assist in delivering services related to Tinkerfabric. These providers are bound by confidentiality agreements and are prohibited from using Users' data for any purpose other than providing services to the Company.

- Legal Compliance: The Company may disclose personal data if required to do so by law or in response to valid requests by public authorities, ensuring that we adhere to regulations such as GDPR.

5. Data Security

The Company implements appropriate technical and organizational measures to protect Users' personal data against unauthorized access, loss, or destruction. These measures include encryption, access controls, and regular security assessments. We recognize that data security is essential for protecting sensitive information, particularly in the context of our AI and software solutions. Our commitment to data security extends to all aspects of our operations, ensuring that both our internal processes and our partnerships with third-party service providers uphold the highest standards of data protection.

6. User Rights

Users have the following rights regarding their personal data:

- Right to Access: Users can request access to their personal data held by the Company, including confirmation of processing and a copy of the data.

- Right to Rectification: Users can request correction of inaccurate or incomplete personal data to ensure that their information is up-to-date.

- Right to Erasure: Users can request deletion of their personal data under certain conditions, such as when the data is no longer necessary for the purposes for which it was collected.

- Right to Restrict Processing: Users can request restriction of processing their personal data in specific circumstances, allowing them to control how their data is used.

- Right to Data Portability: Users can request to receive their personal data in a structured, commonly used, and machine-readable format, facilitating the transfer of their data to another service provider if desired.

7. Data Retention

The Company retains Users' personal data only for as long as necessary to fulfill the purposes for which it was collected, including compliance with legal obligations. Once the data is no longer needed, it will be securely deleted or anonymized. Our data retention policy is designed to balance the need for operational efficiency with the importance of data privacy, ensuring that we do not retain information longer than necessary.

8. Changes to the Privacy Agreement

The Company reserves the right to update this Agreement at any time. Users will be notified of any significant changes via email or through a notice on the Tinkerfabric platform. Continued use of the platform after such changes constitutes acceptance of the revised Agreement. We are committed to maintaining transparency with our Users and ensuring that they are informed of any updates that may affect their rights or the handling of their personal data.

9. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Tinkerfabric platform or any breach of this Agreement. Users agree to indemnify and hold the Company harmless from any claims, losses, or damages arising from their use of the platform. This limitation of liability is essential for managing risk and ensuring that our focus remains on delivering high-quality services to our Users.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Spain. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Las Palmas, Gran Canarias. We recognize the importance of adhering to local laws and regulations, and we are committed to ensuring that our practices align with the legal framework governing data privacy.

11. Contact Information

For any questions or concerns regarding this Agreement or the Company's data privacy practices, Users may contact:

Celine Bareus

CEO, Tinkerfabric

Email: celine@tinkerfabric.co

Phone: +49 176 68118506

By using any of Tinkerfabric's platforms including businessfabric.co, Users acknowledge that they have read, understood, and agree to the terms of this Data Privacy Agreement. We value the trust our Users place in us and are dedicated to protecting their personal data while providing exceptional services tailored to their needs.