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Annex to the terms of use
DATA PROCESSING TERMS
Data processing Terms
VirtualMasst is committed to processing personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and other relevant frameworks. These Data Processing Terms establish the rights and obligations of both parties, define the scope and general obligations of data processing, and ensure that all processing activities are carried out lawfully, fairly, and transparently. By entering into these Terms, you confirm that:
(a) In case VirtualMasst would need to process ‘Personal Data’ on behalf of user - which means any information relating to an identified or identifiable natural person (‘data subject’), being an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person – VirtualMasst and the user agree to the terms as specified in this Annex, which will prevail;
(b) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the ‘General Data Protection Regulation’ or the ‘GDPR’) and the Belgian laws supplementing the same.
(c) The user is the controller or processor of Personal Data (as applicable) and VirtualMasst is a processor or sub-processor of Personal Data (as applicable).
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VirtualMasst will process the Personal Data as set out in Schedule A. The stipulations of this Annex shall apply to all processing activities carried out by VirtualMasst.
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If the user is the controller, the user shall be fully responsible for the determination of the purpose for which the processing of Personal Data is carried out. The purpose of the processing of Personal Data by VirtualMasst is to execute the services under the main agreement through the platform vMasst (the ‘Purpose’).
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VirtualMasst’s processing of Personal Data for the user is carried out through the activities as set out in Schedule A of the proposal.
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VirtualMasst hereby undertakes:
(i) to process the Personal Data only on documented instructions from the user, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which VirtualMasst is subject. In such a case, VirtualMasst shall inform the user of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. VirtualMasst shall as soon as practically possible inform the user if, in VirtualMasst’s opinion, an instruction violates the GDPR, EU legislation or any other applicable legislation to process Personal Data pursuant to documented instructions;
(ii) to process the Personal Data solely on behalf of the user, and in the context of the Purpose, to use the Personal Data for no other purpose;
(iii) to process the Personal Data in compliance with all applicable laws relating to the protection of Personal Data, including in any event the GDPR;
(iv) at the first request of the user, to allow the User to access the Personal Data or to provide the Personal Data to the user on a durable data carrier;
(v) to only transfer Personal Data to a third country or an international organisation if it has provided appropriate safeguards, and on condition that enforceable data subject rights and
effective legal remedies for data subjects are available; and
(vi) to strictly keep all such processed Personal Data confidential. VirtualMasst will allow access to the Personal Data by VirtualMasst's employees only and to the extent necessary
for the provision of the services (if applicable).
Also the user agrees to only process the Personal Data in compliance with all applicable laws and regulations and codes of practice relating to the protection of Personal Data, including in any event the GDPR.VirtualMasst shall ensure that any of its appointed sub-processors only starts processing Personal Data after VirtualMasst has entered into a written agreement with the sub-processor. In the event of an anticipated change relating to the addition or replacement of such sub-processors, VirtualMasst shall inform the user in advance in writing, with the user expressly offered the opportunity to object to any such change.
Where that sub-processor fails to fulfil its data protection obligations, VirtualMasst shall remain fully liable to the user for the performance of that sub-processor's obligations.Taking into account the nature of the processing and the information available to VirtualMasst, VirtualMasst must assist the user in ensuring compliance with the obligations pursuant to articles 32 to 36 of the GDPR, i.e. with regard to security measures, notification of supervisory authorities, notification of individuals, preparation of data protection impact assessments and prior consultation with supervisory authorities, etc.
Taking into account the nature of processing, VirtualMasst will take appropriate technical and organisational measures, to assist the user in the fulfilment of its legal obligations under Chapter III of the GDPR, i.e. to respond to requests from the data subjects exercising their legal rights, including, but not limited to, to access to Personal Data, rectification of Personal Data, deletion of Personal Data, restriction of processing of Personal Data, data portability and the right to object to automated individual decision-making, including profiling.
Only the user shall be responsible for replying to the requests of data subjects.
VirtualMasst shall take all appropriate technical and organisational measures to protect the Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure (the ‘Measures’). Taking account of the technical state of the art and the costs of implementation, these Measures are to guarantee an appropriate level of security, taking account of the risks entailed by the processing and the nature of the Personal Data to be protected.
VirtualMasst will inform the user within 48h of any security incident or data breach that has led to unauthorised access, loss or unlawful processing of the Personal Data, or some risk thereof (the ‘Data Breach’).
The notification to the user shall in any event include: (i) the nature and extent of the Data Breach (and the Personal Data involved) and; (ii) the measures taken by VirtualMasst and any measures to be taken to stop the Data Breach, to limit the negative consequences of the Data Breach and to prevent any future Data Breach. Furthermore, VirtualMasst will provide the user with all appropriate and adequate information following the Data Breach.
In the event of a Data Breach VirtualMasst will collaborate in providing adequate information.
Only the user will report Data Breaches to the supervisory Authorities and the data
subjects.VirtualMasst will allow for and contribute to audits and inspections conducted by the user, auditors mandated by the user, public authorities to the extent relevant in order to control VirtualMasst’s compliance with this Annex and any applicable data protection laws. The costs of such auditors shall be borne by the user.
In the event that the user decides to carry out a check or to have a check carried out at VirtualMasst's premises, VirtualMasst shall provide all necessary cooperation, including granting access to the locations and the provision of the required documentation and
information and this during the normal business hours from 9am to 5pm.VirtualMasst shall be liable for the damage caused by processing only where it has not complied with obligations of the data protection legislation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the user. Unless prohibited by law or following the applicable jurisprudence or in case of willful misconduct, the liability of VirtualMasst shall always be limited as mentioned in the vMasst Terms of Use.
In the event that the main agreement is terminated, on whatever grounds and in whatever manner, VirtualMasst shall at its own expense and initiative immediately: (i) delete or return all Personal Data to the user; (ii) cease processing the Personal Data; (iii) remove all back-ups of all electronically stored Personal Data – unless retention would be required following the applicable laws.
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Data processed:
- for the Independent freelancers: we process your data not only for our own purposes, but also to display this data towards the Enterprises as a data processor.
As such we process:
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Generic personal data: first name, last name, address, phone number(s), email address, date of birth, nationality, preferred language and function;
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Detailed professional data:
- Curriculum Vitae (CV): A comprehensive record of your education, work history, certifications, and achievements. It allows Enterprises to evaluate your experience and suitability for specific roles.
- Skills and competencies: Specific abilities such as technical expertise, creative tools, or business knowledge.
- Portfolio Materials: Samples of previous work—such as designs, writing, code, or case studies—that demonstrate your capabilities.
- Profile Pictures and Visuals: Optional images that personalise your profile and enhance visibility.
- for the Enterprises: we process your data so you can get in touch with the Independent freelancers an they can get in touch with you. As such we process:
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Generic personal data: first name, last name, address, phone number(s), email address, date of birth, nationality, preferred language and function;
- All Personal Data submitted through the internal channels in the vMasst platform provided for communication between the Independent Freelancers and the Enterprises.
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Data subjects: users
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Duration: Up to three (3) months after registration of both users. In case of disputes users will be able to extract such communication before deletion.
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If you have any criticism or feedback regarding VirtualMasst or vMasst platform, kindly contact vMasst at the soonest and help us to improve our services.
Please contact us through support@virtualmasst.com in case of questions or remarks.
Parties agree as follow:
General terms and conditions governing the use of the vMasst platform
e-Mail disclaimer
The following disclaimer is applicable to each e-mail and its content coming from VirtualMasst. "This message and any attachments may contain confidential information protected by intellectual property rights or other legal protections, and are intended exclusively for the use of the designated recipient. It is strictly prohibited to copy, modify, disclose, or distribute this message or its contents to any third party without prior written consent from VirtualMasst.If you are not the intended recipient, please notify the sender immediately and delete the message from your system. VirtualMasst accepts no liability for any direct or indirect damage resulting from errors, inaccuracies, unauthorized use, disclosure, copying, modification, or the transmission of viruses through this email.
This message does not constitute any formal commitment or obligation on the part of VirtualMasst, unless expressly stated in a written agreement between the intended recipient and VirtualMasst".
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