Dear User, hereinafter referred to as “You” and/or “User”, welcome to the Edraak’s massive open online course (MOOC) platform (“Website”), owned by Edraak for Training and Social Development, a non-for-profit Limited Liability Company registered with the Companies Control Department under number 843 wholly owned by Queen Rania Foundation for Education and Development, of address 5 Mohammad Saad AlBatayneh Street, Amman, Jordan (“Us”, “We”, “Our, “Owner”).
If you are an individual or an organization engaged by Us to provide teaching, data analysis and reporting services and or any other service which may require that you process personal data in accordance with our privacy policy and the applicable data protection laws, then the below terms and conditions shall apply to You.
The Data Processing Agreement is a legal document that outlines the responsibilities and obligations of both Us (as the Company) and You (as the Processor) when it comes to handling personal data. It ensures that any personal data processed through the Website is undertaken in compliance with data protection laws. This agreement specifies how personal data should be managed, how security is maintained, what happens in case of a data breach, and some of the rights of data subjects whose data is being processed.
Your use of the Website as a User that is providing certain processing services shall constitute acceptance of the terms and condition outlined in the Data Processing Agreement.
This Data Processing Agreement (“Agreement“) forms part of the Contract for Services (“Principal Agreement“) between Edraak for Training and Social Development, a not-for-profit limited liability company registered before the Companies Control Department under number 843 having its Address: 5 Mohammad Saeed AlBatayneh Street, Amman, Jordan Represented for the purpose of this agreement by Bassem Saad (Chairman, Board of Directors, Edraak) (the “Company”), and You as the authenticated user on the Edraak platform (the “Data Processor” or “Processor”) (together as the “Parties”)
(A) The Company acts as a Data Controller.
(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
(C) 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 applicable Jordanian Protection of Data Protection Law of the No 24 Year 2023 on the protection of natural persons with regard to the processing of personal data (PDPL)
(D) The Parties wish to lay down their rights and obligations.
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
1.1.1 “Agreement” means this Data Processing Agreement;
1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;
1.1.3 “Contracted Processor” means a Sub-processor;
1.1.4 “Data Protection Laws” means primary the applicable Jordanian Data Protection Law No 24 of the Year 2023 and to the extent applicable, the data protection or privacy laws of any other country such as the General Data Protection Regulation (GDPR);
1.1.5 “Data Transfer” means:
1.1.5.1. A transfer of Company Personal Data from the Company to a Contracted Processor; or
1.1.5.2 An onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.6 “Services” means the online learning services the Company provides, and any of its related activities, including but not limited to teaching, teaching assistantship, instructional design, marketing, and data analysis.
1.1.7 “Sub-processor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with this Agreement.
1.2 The terms, “Controller”, “Data Subject”, “Personal Data”, “Personal Data Breach” and“Processing” shall have the same meaning as in the Data Protection Laws, and their cognate terms shall be construed accordingly.
2.1 Processor shall:
2.1.1 Comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2 Not Process Company Personal Data other than on the relevant Company’s documented instructions.
2.2 The Company instructs Processor to process Company Personal Data.
2.3 The Processor shall refrain from processing personal data pertaining to the User solely based on the legitimate interests of the Processor. The lawful ground of legitimate interests is not available for the Processor of personal data under the PDPL.
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in the Data Protection Law.
4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach and shall allow the Company to conduct any assessment checks to ensure that the data security measures are appropriate and in accordance with the Data Protection Law.
5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.
5.2 In the case of the authorized appointment of a Subprocessor, such Subprocessor shall abide by the obligations of the Processor as provided for under this Agreement and shall not breach or violate any of legal requirements provided for processing of personal data as per Data Protection Laws.
6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 Promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.2 Ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.
7.1 Processor shall notify Company immediately and without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report to competent authorities or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall cooperate with the Company and take reasonable security steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with the regulatory and supervising authorities by virtue of the Data Protection Law or the Cyber Security Law of the Year 2019 or other competent data privacy authorities, which Company reasonably considers to be required in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
9.1 Subject to this section 9, Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.
10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the Hashemite Kingdom of Jordan without the prior written consent of the Company. If personal data processed under this Agreement is transferred to a country outside the Hashemite Kingdom of Jordan, the Parties shall ensure that the personal data are adequately protected and that in any case the prior written consent of the Company is procured. To achieve this, the Parties shall, unless agreed otherwise, comply with the Data Protection Law with regard to any rely on transfer of personal data.
11.2 In case of authorized and approved transfer by the Company, the Processor shall in all cases abide by the legal requirements related to the international transfer of personal data outside the Hashemite Kingdom of Jordan provided for under the Jordanian Data Protection Law. The Processor shall be personally and directly liable in case of international transfer of personal data in violation of the legal requirements provided by Data Protection Laws.
12.1 Confidentiality. Each Party must keep the Principal Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) Disclosure is required by law;
(b) The relevant information is already in the public domain.
12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.
We may, from time to time, change or update the unilaterally the terms of this Agreement. Please check the terms of this Agreement periodically for potential changes. Modifications shall be effective immediately except that, for existing users, material revisions will be effective 10 days after posting or notice to you of the revisions unless otherwise stated. We may require that You accept modified Terms in order to continue to use the Services as instructed by the Company. If You do not agree to the modified Terms, then you should contact the Company immediately upon becoming aware of the changes to the Agreement discontinue your use of the Service and follow the Company’s instructions with regard to any Personal Data received.
14.1 This Agreement is governed by the laws of the Hashemite Kingdom of Jordan.
14.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the Courts of Central Amman (Palace of Justice).
IN WITNESS WHEREOF, this Agreement is entered into with effect upon Use of the Website in accordance with Our instructions.
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