Data sharing agreement

This Data Sharing Agreement ("Agreement") applies to any organisation that has an active account with Givt B.V. and that activates the donor data sharing functionality and or the newsletter integration within the Givt platform.

By activating data sharing functionalities on the Givt Dashboard, the organisation agrees to be bound by the terms set out below.

"Givt" means Givt B.V., a private limited liability company incorporated under the laws of the Netherlands.

"Organisation" means the legal entity that has an active account with Givt and that electronically accepts this Agreement via the Givt platform.

"Donor Data" means the data described in Article 3.

"GDPR" means Regulation (EU) 2016/679.

The purpose of this Agreement is to define the conditions under which Givt may share certain Donor Data with the Organisation, at the request of the Organisation and with the explicit consent of the donor, in connection with donations made via the Givt platform.

Subject to donor consent, Givt may share the following Donor Data with the Organisation:

personal data of the donor (such as name and contact details);

donation related details (such as, but not limited to, the amount, date and time and type of donation).

No other data will be shared unless explicitly agreed in writing.

Givt acts as data controller for the processing of Donor Data within the Givt platform up to the moment the data is shared with the Organisation.

Upon receipt of Donor Data, the Organisation acts as an independent data controller and is solely responsible for its own processing of that data.

This Agreement does not establish a joint controller or processor relationship between the Parties.

Donor Data will only be shared where the donor has given prior, explicit and demonstrable consent.

Givt is responsible for obtaining and recording such consent.

The Organisation may only process Donor Data for the purposes communicated to the donor at the time consent was given.

The Organisation shall:

process Donor Data in compliance with applicable data protection laws, including the GDPR;

provide donors with a clear and accessible privacy policy describing its data processing activities;

implement appropriate technical and organisational security measures;

ensure that Donor Data is not used for purposes incompatible with the consent given;

handle all donor requests regarding access, rectification or deletion of Donor Data received under this Agreement.

If a donor withdraws consent or terminates their Givt account, Givt will stop sharing Donor Data with the Organisation.

Donor Data already shared remains under the responsibility of the Organisation.

The Organisation is responsible for responding to donor requests relating to Donor Data already received.

Each Party is independently responsible for its own compliance with applicable data protection laws.

Givt is not responsible or liable for the Organisation's processing of Donor Data after it has been shared.

The Organisation indemnifies Givt against claims, fines or damages arising from the Organisation's unlawful or improper processing of Donor Data.

This Agreement enters into force upon activation of data sharing functionalities on the Givt Dashboard and remains in effect for as long as Donor Data is shared under this Agreement. Either Party may terminate this Agreement at any time by discontinuing the donor data sharing functionality.

This Agreement is governed by Dutch law. Any disputes arising out of or in connection with this Agreement shall be submitted to the competent court in Lelystad, the Netherlands.