Common use of Controller and Processor Clause in Contracts

Controller and Processor. (a) For the purposes of this Addendum, the Customer is the controller of the Customer's Personal Data and Mailgun is the processor of such data, except when the Customer acts as a processor of the Customer's Personal Data, in which case Mailgun is a sub- processor. (b) The Customer warrants that: (i) The processing of the Customer's Personal Data is based on legal grounds for processing, as may be required by EU Data Protection Laws and that it has made and shall maintain throughout the term of the Principal Agreement all necessary rights, permissions, registrations and consents in accordance with and as required by EU Data Protection Laws with respect to Mailgun's processing of the Customer's Personal Data under this Addendum and the Principal Agreement; and (ii) it is entitled to and has all necessary rights, permissions and consents to transfer the Customer's Personal Data to Mailgun and otherwise permit Mailgun to process the Customer's Personal Data on its behalf, so that Mailgun may lawfully use, process and transfer the Customer's Personal Data in order to carry out the Services and perform Mailgun's other rights and obligations under this Addendum and the Principal Agreement.