CUSTOMER DATA AND DATA PROTECTION. 7.1 The Customer shall own all rights, title, and interest in and to all the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data.
7.2 Arrow shall not be responsible for any loss, destruction, alteration, or disclosure of Customer Data caused by a Customer third party, other than because of a breach of this Agreement.
7.3 Both parties will comply with all applicable requirements of the General Data Protection Regulation (GDPR), Data Protection Legislation and our Privacy Policy, xxxxx://xxx.xxxxxxxxxxxxxxxxxxx.xx.xx/wp-content/uploads/2022/02/Arrow-Privacy- Policy-10_02_22.pdf. This clause is in addition to, and does not relieve, remove, or replace, either party's obligations under the Data Protection Legislation.
7.4 Arrow shall, in relation to any personal data processed in the performance by Arrow of its obligations under this Agreement:
a) process that personal data only on the written instructions of the Customer unless Arrow is otherwise required to do so by Applicable Laws. Where Arrow is required by Applicable Laws to process personal data, Arrow shall promptly notify the Customer of this before performing the required processing unless the Applicable Laws prevent Arrow from so notifying the Customer
b) ensure that it has appropriate technical and organisational measures in place, reviewed and approved by the Customer to protect against any unauthorised or unlawful processing of personal data, accidental loss or destruction of personal data, or damage being caused to personal data. These measures shall be appropriate to:
i) the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction, or damage of the personal data, and
ii) the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting (in transit) personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it)
c) not transfer any personal data outside of the United Kingdom unless the prior written consent of the Customer has been obtained and the following ...
CUSTOMER DATA AND DATA PROTECTION. 12.1 To the extent We have access to any Customer Data in the provision of the Services, We shall use reasonable endeavors:
12.1.1 to keep all Customer Data secure and to use no less stringent measures for the protection of such Customer Data as We use for Our own data; and
12.1.2 to preserve the integrity of the Customer Data and to prevent the loss or corruption of the Customer Data.
12.2 We acknowledge that You are acting as a data controller in respect of any Customer Data which contains Personal Data. To the extent that We process any Personal Data in the provision of the Services, the Data Processing Agreement in Annex B shall apply.
12.3 For the purposes of Section 12 the terms "data controller", "process" and "processing" shall have the meaning given under applicable Data Protection Laws.
CUSTOMER DATA AND DATA PROTECTION. 16.1. The Customer or the End User, as applicable, shall retain all rights, title and interest in its Customer Data, including all intellectual property rights therein.
16.2. Customer, not STRATIO, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data (and without limiting the foregoing, Customer shall ensure that it obtains all consents necessary to allow STRATIO to use Customer Data as permitted herein).
16.3. STRATIO shall use commercially reasonable efforts to maintain the security and integrity of the STRATIO Platform and Customer Data.
16.4. To the maximum extent permitted by law, STRATIO is not responsible before the Customer for unauthorized access to Customer Data or the unauthorized use of any Products unless such access is due to STRATIO’s gross negligence or willful misconduct.
16.5. The Customer is responsible for the use of all Services by any person to whom the Customer has given access to such Services, even if the Customer did not authorize such use.
16.6. Customer agrees and acknowledges that any Customer Data in STRATIO’s possession may be irretrievably deleted if Customer’s payments are 90 (ninety) days or more past due.
16.7. Customer hereby grants STRATIO a non-exclusive license to copy, reproduce, store, distribute, export, adapt, edit and translate Customer Data to the extent reasonably required for the performance of STRATIO’s obligations under the Contract.
16.8. Notwithstanding anything to the contrary, the Customer further acknowledges and agrees that:
a) STRATIO may use and modify (but not disclose) Customer Data for the purposes of i. providing the Services to the Customer ii. testing, improving and operating STRATIO’s Services, and
CUSTOMER DATA AND DATA PROTECTION. 9.1 The Customer, or any third party from whom the Customer derives its right, owns and shall retain all rights, title and interest in and to Customer Data. The Product Owner rights to the Customer data regarding the Service is set out in paragraph 3.
9.2 Per the date of the Customer’s order for Egain’s products and services, the Service provided by Service Provider to Customer does not include any processing of personal data. If the Parties at a later stage during the term of the Agreement would conclude that the Service Provider will process personal data on behalf of the Customer as a personal data processor, the Parties undertake to enter into the relevant data processing agreements, based on the Service Provider’s template, required to ensure compliance with the Data Privacy Laws. In such case, the Service Provider shall be entitled to charge reasonable fees to compensate for additional measures and work required in connection with and for the fulfillment of the role as a data processor for the Customer.
9.3 In terms of the Services, Egain collects and processes personal data from the Customer in the form of name, address, e-mail addresses and telephone numbers.
9.4 Egain processes the Customer’s personal data for:
1. provision of the Services;
2. communication with the Customer;
3. compiling statistics;
4. performing analyses;
5. direct marketing. The legal basis for processing as set out in clauses 1 and 2 is that Egain must be able to fulfil the Agreement that Egain has entered into with the Customer. The legal basis for processing as set out in clauses 3 to 5 is that processing is necessary for the purposes pursuant to Egain’s legitimate interests, such as being able to contact the Customer with information or material regarding Egain’s goods and services that may be of interest to the Customer, develop Egain’s business and to produce forecasts. Egain believes that these legitimate interests usurp the privacy infringement the Customer is exposed to as a result of the processing. This assessment has been made taking into account that Egain believes that the processing is beneficial to the Customer.
9.5 Egain deletes (or anonymises) the Customer’s personal data once the data is no longer required to fulfil the purpose of the processing. The personal data processed for direct marketing is stored for up to three years after the agreement with the Customer has expired.
9.6 Egain shares the Customer’s personal data with: companies within the Egain group...
CUSTOMER DATA AND DATA PROTECTION. For the purposes of this clause, the following terms shall have the following meanings: Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
CUSTOMER DATA AND DATA PROTECTION. 16.1 The Customer shall own all right, title and interest in and to all the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
16.2 The Supplier shall promptly notify the Customer in writing of any actual or suspected loss or damage to the Customer Data. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest backup of such Customer Data. The Supplier shall not be responsible for any loss, destruction, alteration or unauthorised access to, or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data maintenance and back-up).
16.3 The parties shall comply with their obligations under the Data Protection Schedule.
CUSTOMER DATA AND DATA PROTECTION. 9.1 The Customer shall own all rights, title and interest in and to all of the Customer Data and shall at all times have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data and for ensuring that its use does not infringe the rights of any third parties.
9.2 The Customer hereby grants to the Supplier and the Supplier Personnel, on and subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable licence to use the Customer Data for the purpose of providing the Mobile App and the exercise of the Supplier’s rights under this Agreement (together with the right to sub-licence these rights to its hosting, connectivity and telecommunications service providers to the extent necessarily required for the performance of the Supplier’s obligations) and for any requirements ancillary to the provision of the Mobile App (including any data analytics and service modelling specified in the Service Description). The Customer warrants to the Supplier that the use of the Customer Data in accordance with this Agreement will not: (a) breach any laws, statutes or regulations; (b) infringe the Intellectual Property Rights or other legal rights of any person; or (c) give rise to any cause of action against the Supplier, in each case in any jurisdiction and under any applicable law.
9.3 In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data where such back-ups are made by the Supplier. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by the Customer, its Authorised Users, the Customer’s Affiliates or any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data hosting and back-up, in which case the Supplier’s liability shall be subject to the limitations and exclusions set out in this Agreement, including those set out in this Clause and Clause 12).
9.4 To the extent that either party processes any personal data provided by the other party in connection with this Agreement, each party shall act as independent controllers in relation to such personal data and each party shall comply with its respective obligations under applicable Data Protection Legislation in relation thereto. The Customer...
CUSTOMER DATA AND DATA PROTECTION. 12.1. Customer content and data. All materials or content provided by the Customer for incorporation into the Services shall be owned by the Customer (but ownership shall not extend to any of TES’s Intellectual Property Rights). The Customer warrants that all Intellectual Property Rights in such content and data are the Customer’s property or that the Customer has a license to use the same for the purpose of their incorporation and use as part of the Services. The Customer grants TES the non-exclusive right to use such items strictly as required for the limited purpose of performing its obligations under this Agreement. The Customer shall own all rights, title and interest in and to all of the Customer Data.
CUSTOMER DATA AND DATA PROTECTION. 11.1 The Customer shall own all right, title and interest in and to all Customer Data and the Customer shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
11.2 Unless otherwise stated in Bottomline’s then current data retention policy and the Privacy Terms, Bottomline shall retain Customer Data for as long as it reasonably believes is necessary in connection with the specific service. Thereafter, Bottomline reserves the right to delete such Customer Data.
11.3 The parties shall, in provision and use of Bottomline Solutions, comply with Bottomline’s then current Privacy Terms which is deemed incorporated into these Terms and Conditions.
CUSTOMER DATA AND DATA PROTECTION. 13.1. Workbooks acknowledges that all title and intellectual property rights to the Customer Data is owned exclusively by the Customer.
13.2. Workbooks and Customer acknowledge that for the purposes of the Data Protection Act 1998, the Customer is the data controller and Workbooks is the data processor of any Personal Data. In this Agreement Personal Data shall have the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, of which the Customer is the data controller and in relation to which Workbooks is providing services under this Agreement.
13.3. Workbooks shall process the Personal Data only to the extent, and in such a manner, as is necessary for the purposes specified in this Agreement and in accordance with the Customer’s written instructions from time to time and shall not process the Personal Data for any other purpose. For the purposes of this Section processing and process shall have the meaning set out in section 1(1) of the Data Protection Act 1998 (as amended).
13.4. Workbooks shall:
13.4.1. process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments; and
13.4.2. take appropriate organisational, physical and technical safeguards against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, Personal Data to ensure compliance with the seventh data protection principle, including but not limited to those measures as set out at xxx.xxxxxxxxx.xxx/xxxxxxxxxxxxxx.
13.5. Workbooks shall promptly comply with any request from the Customer requiring Workbooks to amend, transfer or delete the Personal Data.
13.6. If either Party receives any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Data or to either party's compliance with the Data Protection Act 1998 (as amended) and the data protection principles set out therein, it shall immediately notify the other Party and provide the other Party with its full co-operation and assistance in relation to any such complaint, notice or communication.
13.7. Workbooks shall ensure that access to the Personal Data is limited to:
13.7.1. those employees who need access to the Personal Data to meet Workbooks' obligations under this Agreement; and
13.7.2. in the case of any access by any employee, such part or parts of the Personal Data ...
