Terms and Conditions for MPQC (MP Connect) as Data Processor
These Terms and Conditions ("Terms") govern the relationship between MPQC (hereinafter referred to as "Data Processor") and you/ your company (hereinafter referred to as "Data Controller") regarding the processing of personal data for the MP Connect Scheme, which will include the validation and sharing of training certificates for the purpose of gaining access to MPQC Member sites to confirm that the MP Connect Card Holder is fully trained in their roles and are able to work safely on site, in accordance with Article 28 of the General Data Protection Regulation (GDPR) in the UK.
1. Data Processing Purpose:
MPQC (MP Connect) agrees to act as a Data Processor to facilitate the validation of training certificates or the qualification elements supplied by the data controller with the original awarding/training organisation, this validation process is aimed at confirming the accuracy of the information provided, with the primary objective of detecting and preventing fraudulent activities. In the event that any counterfeit certifications are identified, MPQC will immediately share this information with all relevant stakeholders.
MPQC reserves the right to decline or revoke an MP Connect account if at any time the supplied information is found to be fraudulent or inaccurate. Through individual MP Connect cards, MPQC also enables Member Companies to access and review the training certificates and qualification elements provided by the Data Controller. This access allows companies to assess whether the holder of the MP Connect card possesses the necessary training and competency required to access their sites for the specific tasks assigned on any given day. These measures prioritise the safety and security of individuals' data, as directed and authorised by the Data Controller.
MPQC
2. Data Processing Activities:
MPQC shall process personal data, limited to the validation of the individual and their training certificates, as provided by the data controller. The processing activities shall be conducted in compliance with the instructions provided by the data controller and in accordance with applicable data protection laws, including GDPR.
2a. Duration of Processing:
The processing of personal data under MP Connect shall endure for the duration of the membership agreement.
2b. Types of Personal Data Involved:
The personal data processed under MP Connect includes but is not limited to the name, NI Number, ID, training certificates, and qualification elements of individuals registered by the Data Controller.
2c. Categories of Data Subjects:
The data subjects encompass individuals associated with the Data Controller, including clients and clients' employees whose training certificates and qualification elements are being validated through MP Connect
2d. Cross-Border Transfer of Personal Data:
MPQC shall not engage in cross-border transfer of personal data unless explicitly authorised by the Data Controller and in compliance with applicable data protection laws, including GDPR.
2e. Subcontractors' Authorisations from the Controller:
MPQC shall ensure that any subcontractors engaged in the processing of personal data under MP Connect have obtained prior authorisation from the Data Controller and adhere to the terms outlined herein.
3. Confidentiality:
MPQC acknowledges that the personal data processed under these Terms is confidential information and agrees to maintain its confidentiality and ensure that such data is only accessible to authorised personnel involved in the processing activities.
4. Security Measures:
MPQC shall implement appropriate technical and organisational measures to ensure the security, confidentiality, integrity, and availability of the personal data processed under these Terms, in accordance with the requirements of GDPR Article 32.
5. Data Subject Rights:
MPQC shall assist the Data Controller, in fulfilling its obligations to respond to data subjects' requests to exercise their rights under GDPR, including but not limited to rights of access, rectification, erasure, and data portability.
6. Subprocessing:
MPQC shall act as a sub-processor for the processing of personal data only sharing the Name and training credentials with its member companies who use MP Connect cards to allow access to their sites for the purpose of ensuring the individual card holder has the required credential to conduct work at their site. MPQC shall ensure that such sub-processors are only able to access this date via MPQC’s own software.
7. Data Breach Notification:
In the event of a personal data breach, MPQC shall notify Data Controller without undue delay upon becoming aware of such breach, providing all relevant information necessary for the Data Controller to fulfil its obligations under GDPR.
8. Data Protection Impact Assessment (DPIA):
MPQC shall cooperate with the Data Processor in conducting any necessary Data Protection Impact Assessments related to the processing activities under these Terms, as required by GDPR.
9. Data Deletion and Return:
Upon the termination or expiration of the services provided under these Terms, MPQC shall, at the discretion of MP Connect, either securely delete or return all personal data processed under these Terms, unless retention is required by law.
10. MP Connect Sub-processor List:
MP Connect will provide MPQC Member companies (list of companies can be supplied on request) with relevant training certificates and/or qualification documentation to ascertain whether the individual possesses the necessary qualifications and company site inductions essential to fulfil mutually agreed-upon tasks and external agreed parties such as:
· DVLA
· FORS
· CSCS
11. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
By registering for an MP Connect Account you are agreeing to these Terms, you the data controller acknowledge that you/they have read, understood, and agree to be bound by the provisions outlined herein. These Terms constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.
MPQC Privacy Notice:
For detailed information regarding the processing of personal data under MP Connect, please refer to our Privacy Notice, accessible at https://www.mp-qc.org/privacy-policy/