Data Processing Policy

This Data processing agreement (“Agreement ”) forms an integral part of the Terms and conditions. This Agreement is between Performance Car Exclusive (“PCE ”, “we ”, “us ”) and the legal entity or natural person (“User ”) that uses the services other than for personal use.

Roles. User is the controller, and we are the processor of the User and shall only process personal data on behalf of the User.

Instructions. We shall process personal data:

• as necessary to perform our services,
• as instructed by the User in its use of the services and behalf of the User, and
• in compliance with the applicable data protection laws and regulations.

Data subject categories. During the provision of our services, we may process the personal data of recipients and potential recipients of User messages and communication.

Type of personal data. By providing our services, we may process the following personal data:

Compliance.  User shall process personal data according to applicable data protection laws and ensure a legal basis and the purpose for processing personal data.

Responsibility. User is responsible for the legality and accuracy of personal data shared with us.

Liability. User is liable for all claims, liabilities, costs, expenses, losses, and damages incurred by us arising directly or indirectly from the breach by the User.

Compliance. We shall treat the User's personal data confidential and process it according to applicable data protection laws.

Personnel. We shall ensure that all persons (employees, agents, and other persons) involved in processing personal data have signed a confidentiality agreement or are under any other binding obligation of confidentiality.

Security. We use appropriate technical, organizational, and administrative measures to ensure personal data security, confidentiality, and integrity.

Breach. If a data breach occurs, we shall notify the User according to applicable data protection laws, provide reasonable assistance regarding the investigation of the personal data breach, and notify the supervisory authority and data subjects regarding such personal data breach.

Taking into account the nature of the processing, we shall assist the User with the provision of technical and organizational measures, insofar as possible, for the fulfillment of the User's obligations as the data controller regarding:

We work with third parties (“Subprocessors ”) that provide us with different services to operate our business.

Authorization. You provide us a general authorization to engage Subprocessors in connection with the provision of our services.

Categories. The categories of Subprocessors include hosting, communication, email, content delivery, security, billing, payment processing, analytics, customer support service providers, etc.

Protection. We may share personal data only with Subprocessors that have agreed to comply with the data protection obligations, provide sufficient guarantees, implement appropriate technical and organizational measures, and otherwise comply with applicable personal data protection laws.

Minimalization. We may share only a minimum amount of personal data with Subprocessors to provide us with the requested service.

Liability. Under applicable laws, we remain liable for processing personal data carried out by our Subprocessors.

Data transfers. If any Subprocessor is located outside the European Economic Area, such Subprocessor shall ensure an adequate level of protection or provide adequate guarantees as specified in applicable data protection laws.

We agree to provide you, upon request, with sufficient information to demonstrate compliance with the obligations set out in the Agreement and applicable data protection laws. If the provided information is not sufficient to confirm our compliance, we agree to allow and contribute to the data processing audit.

Term.  We will process personal data until the User has an account.

Deletion.  At the User's choice, we shall delete or return all the personal data to the User after the end of the provision of services and delete existing copies unless applicable law requires longer storage of the personal data.

Permitted processing. We may continue to process information that does not identify individuals or to protect our legitimate interests or for any legal related issues.

If you have any questions about personal data or this Agreement, or if you would like to file a complaint about how we process personal data, please contact us by email.

Effective as of 27 June 2023.