Data Protection Consent Form

I, the undersigned, (hereinafter referred to as the “Data Subject” which expression shall mean and include his/her legal heirs, representatives, executors, successors-in-interest, and permitted assigns) hereby acknowledge that I have read and understood the contents of this Data Protection Consent Form and agree to be bound by it in my individual capacity in relation to my engagement as a Pet Owner or Pet Sitter (as defined in our Terms & Conditions) (whichever is applicable) with “Pet Watch” or “MAM Technologies Portal Limited”  (may also be referred to as “we”, “us” or “our” hereunder), a company duly incorporated and validly existing under the laws of the Dubai International Financial Centre (“DIFC”) (hereinafter referred to as the “Company” or “Data Controller”, which expression shall mean and include its representatives, successors-in-interest, and permitted assigns);

This Data Protection Consent Form (the “DP Form”) shall be read together with the Company’s Privacy Policy, Data Protection Policy, and other ancillary policies of the Company and the same shall form an integral part of this DP Form. If you do not accept and agree with this DP Form, then we request that you do not access the Platform any further. 

Unless specified otherwise, the capitalized terms in this DP Form shall have the same meaning as defined and ascribed to it under the Company’s Data Protection Policy, Privacy Policy, and  Terms & Conditions (all of which you have agreed to and duly accepted earlier). 

TABLE 1: DATA COLLECTION DETAILS

Engagement Type:	Please select the option which is applicable to you.  ☐ Pet Owner                 ☐ Pet Sitter
Collected Data:	If Pet Owner: We will collect, subject to your explicit consent, your Personal Data which is set out in detail under Clause 4.2 of the Data Protection Policy and Section 1 of the Privacy Policy.  If Pet Sitter: In addition to the above, in case you are a Pet Sitter, the Data Controller shall also collect and process your geographical location (as specified in detail in the Data Protection Policy and Privacy Policy).
Purpose:	As set out in detail in Company’s Privacy Policy and Data Protection Policy, we use your Personal Data to provide, support, and personalize our Platform and to communicate with you about our Platform (on and off our Platform) relating to marketing, compliance, reporting, fixing bugs and cookies, market research, analysis, and transactional services.

 

Whereas,

1. The Parties acknowledge that the Processing of Personal Data (as defined below) is subject to the Data Protection Law No. 5 of 2020 of Dubai International Financial Centre (hereinafter referred to as the “DIFC DPL”).
2. The Company is the entity responsible for determining the purposes and means of Processing of the Personal Data of the Pet Owners and Pet Sitters (hereinafter referred to as the “Data Controller”).
3. The Data Subject provides Personal Data to the Data Controller for the Purpose and the Engagement as per the terms of this DP Form and as set out in Table 1 above (hereinafter referred to as the “Data Subject”).

(The Company and Data Subject shall individually be referred to as the “Party” and shall collectively be referred to as the “Parties”.)

1. DEFINITIONS

Unless the context requires otherwise, the following capitalized terms used in this DP Form, including the recitals above, shall have the following meaning:

“Collected Data” means the type of Personal Data collected by the Data Controller from the Data Subject for the Purpose as stated under Table 1;

“Data Controller” shall mean the entity that determines the purposes and means of Processing Personal Data;

“Data Processor” shall mean the entity that processes Personal Data on behalf of the Data Controller, which for the purposes of our Services (as defined in the Terms & Conditions) will be the same as the Data Controller;

“Data Subject” shall mean the individual whose Personal Data is processed by the Data Controller and as defined under the Data Protection Policy;

“Engagement” shall mean the legally binding or recognized agreement or relationship specifically mentioned under Table 1 by and between the Parties;

“Personal Data” shall mean any information relating to an identified or identifiable natural person, as defined under the DIFC DPL and Company’s Privacy Policy and Data Protection Policy; 

“Processing” shall mean any operation or set of operations performed on Personal Data, including but not limited to collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction;

“Purpose” means the specific, explicit, legitimate purpose for which the Data Controller is collecting and processing the Collected Data of the Data Subject as stated under Table 1; and

 “Special Category Data” shall mean Personal Data revealing or concerning (directly or indirectly) racial or ethnic origin, communal origin, political affiliations or opinions, religious or philosophical beliefs, criminal record, trade-union membership, and health or sex life and including genetic data, and biometric data where it is used for the purpose of uniquely identifying a natural person (as also defined under the Data Protection Policy).

2. PURPOSE AND LAWFULNESS OF PROCESSING

2.1. The Data Controller shall only process the Collected Data of the Data Subject for the Purpose and its ancillary activities, to which the Data Subject expressly agrees.

2.2. The Data Controller shall not collect and process any Personal Data of the Data Subject which the Data Controller deems to be of use at a later stage.

2.3. The Processing of Collected Data shall be based on the legal grounds specified under the DIFC DPL, including but not limited to the necessity of processing for the performance of the engagement in relation to provisioning our pet-care-related services, compliance with legal obligations, and legitimate interests pursued by the Data Controller.

3. DATA SUBJECT’S EXPRESS CONSENT

3.1. The Data Subject expressly and freely consents to the Processing of their Personal Data by the Data Controller, including the Special Category Data (if absolutely necessary), as specified in the DP Form and for the purposes outlined in Clause 2 above.

3.2. The Data Subject understands that the Personal Data provided to the Data Controller may be collected, recorded, organized, stored, adapted, altered, retrieved, consulted, used, disclosed by transmission, disseminated, or otherwise made available, in accordance with the DIFC DPL.

3.3. The Data Subject acknowledges that the Processing of their Personal Data is necessary for the provisioning of our pet-care-related services seamlessly.

3.4. The Data Subject understands that they have the right to withdraw their consent at any time, by providing written notice to the Data Controller. However, such withdrawal of consent shall not affect the lawfulness of any Processing based on the consent prior to its withdrawal.

3.5. The Data Subject acknowledges that the provision of their Personal Data is voluntary and that they have the right to refuse or withdraw consent. However, the Data Subject understands that the refusal to provide consent or the withdrawal of consent may result in the Data Controller’s inability to provide you with pet-care-related services and shall further limit your access to the Platform and any of the pet-care-related services offered by Pet Watch.

3.6. The Data Subject confirms that they have read and understood the terms of the DP Form and this express consent clause, and they voluntarily provide their explicit consent to the Processing of their Personal Data as described herein.

3.7. The Data Subject further represents that they have the necessary legal capacity to provide this express consent and that they are authorized to provide Personal Data to the Data Controller.

4. DATA SUBJECT’S RIGHTS 

4.1. The Data Subject shall have the rights as provided under the DIFC DPL, including but not limited:

1. Right to Access: You have the right to request access to the Personal Data we hold about you.
2. Right to Rectification: You have the right to request the correction of inaccurate or incomplete Personal Data.
3. Right to Erasure: You have the right to request the deletion of your Personal Data under any circumstances.
4. Right to Restriction: You have the right to request the restriction of processing of your Personal Data.
5. Right to Data Portability: You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format.
6. Right to Object: You have the right to object to the processing of your Personal Data at any time.
7. Right to Withdraw Consent: If we rely on your consent to process your Personal Data, you have the right to withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

 

4.2. The Data Subject may exercise the above-mentioned rights by submitting a written request to the Data Controller, and the Data Controller shall respond to such requests in accordance with the timelines and requirements set forth in the DIFC DPL. 

4.3. For this purpose, the Data Controller has duly appointed a Data Protection Officer (“DPO”) in order for the Data Controller to promptly consider and respond to any such requests, subject to any legal obligations or legitimate reasons for retaining the data, details of which are as follows.

Name: Ms. Monja Madan

Email Address: info@petwatchapp.com

Contact Number: +971 55 233 7073

5. DATA SECURITY

5.1. The Data Controller shall implement appropriate technical and organizational measures to ensure the security and confidentiality of the Personal Data, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the Processing, as required by the DIFC DPL.

5.2. The Data Controller shall take steps to ensure that access to Personal Data is limited to authorized personnel and that such personnel are bound by confidentiality obligations, as set out under Clause 4.3.14 of the Data Protection Policy.

6. DATA DISCLOSURE

6.1. The Data Controller may disclose the Personal Data of the Data Subject to the following categories of recipients, as permitted by the DIFC DPL and for the Purposes specified in Table 1 (as also set out in under Clause 5 of the Data Protection Policy):

6.1.1. To other related parties, subsidiaries, and groups of companies of the Data Controller;

6.1.2. Third-party service providers, contractors, or agents engaged by the Data Controller to assist in the provision of services or to support business operations;

6.1.3. Regulatory authorities or government agencies, as required by Applicable Laws; and

6.1.4. Other parties as authorized or consented to by the Data Subject.

7. DATA RETENTION 

7.1. The Data Controller shall retain Personal Data for the duration necessary to fulfill the purposes for which it was collected, unless a longer retention period is required by the Applicable Law.

7.2. The retention of Personal Data is based on the legal grounds specified in the DIFC DPL, including but not limited to:

7.2.1. Compliance with legal obligations to retain certain types of Personal Data for specified periods;

7.2.2. The necessity of retaining Personal Data for the performance of a contract to which the Data Subject is a party; or

7.2.3. The legitimate interests pursued by the Data Controller, as long as such interests are not overridden by the interests, rights, or freedoms of the Data Subject.

7.3. The specific retention periods for different categories of Personal Data shall be determined based on the purpose for which the data was collected, the nature of the data, and applicable legal requirements.

7.4. The Data Controller shall periodically review and assess the necessity of retaining Personal Data in its possession.

7.5. If the Data Controller determines that Personal Data is no longer necessary for the purposes for which it was collected, and there is no legal requirement or legitimate reason for its continued retention, the Data Controller shall take appropriate steps to securely and permanently delete or anonymize such data.

7.6. When the retention period expires or when Personal Data is no longer necessary for the purposes for which it was collected, the Data Controller shall ensure the secure disposal of such data, including, the permanent deletion from electronic systems, destruction of physical records, or other appropriate measures to prevent unauthorized access, accidental loss, destruction, or damage.

7.7. The Data Controller shall maintain appropriate records and documentation related to its data retention practices and shall make such records available to the DIFC Commissioner of Data Protection or other competent authorities upon request.

8. DATA TRANSFERS

8.1. The Data Controller shall not transfer Personal Data to any jurisdiction outside the DIFC without ensuring that appropriate safeguards, such as the standard contractual clauses approved by the DIFC Commissioner of Data Protection in accordance with the DIFC DPL, are in place to protect the rights and freedoms of the Data Subject.

8.2. In case the Data Controller transfers Personal Data to recipients located in countries/ jurisdictions outside the DIFC in accordance with the requirements of the DIFC DPL, such transfers may occur only if the recipient country ensures an adequate level of data protection or appropriate safeguards are in place to protect the Personal Data in accordance with Clause 4.3.13 of the Data Protection Policy.

9. COMPLAINT MECHANISM

9.1. In the event of any concerns or complaints regarding the Processing of Personal Data, the Data Subject shall have the right to lodge a complaint with Pet Watch as set out in our Data Protection Policy and Incident Management Policy (available here).

9.2. In case the complaint is not addressed by Pet Watch within sixty (60) days, the Data Subject shall have the right to lodge a complaint with the DIFC Commissioner of Data Protection in accordance with Article 60 of the DIFC DPL.

9.3. Any disputes arising out of or in connection with this DP Form shall be subject to the exclusive jurisdiction of the courts of the Dubai International Financial Centre.

10. GENERAL PROVISIONS

10.1. Entire Agreement: This DP Form constitutes the entire agreement between the Parties concerning the subject matter herein and supersedes all prior discussions, negotiations, and agreements, whether written or oral.

10.2. Amendment: This DP Form may only be amended or modified in writing and signed by authorized representatives of both Parties.

10.3. Governing Law: The laws of the Dubai International Financial Centre shall govern this DP Form, without regard to its conflict of law principles.

In view of the foregoing, I, hereby:

☐ GIVES EXPLICIT CONSENT TO PET WATCH  

☐ DOES NOT GIVE EXPLICIT CONSENT TO PET WATCH