Common use of DATA CONTROLLER’S OBLIGATIONS Clause in Contracts

DATA CONTROLLER’S OBLIGATIONS. As Data Controller, Customer warrants that: (i) the legislation applicable to it does not prevent Data Processor from fulfilling the instructions received from the Data Controller(s) and performing Data Processor’s obligations under this Agreement; and (ii) it has complied and continues to comply with the Applicable Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Personal Data by the Data Processor as set out in this Agreement and as envisaged by any services agreement in place between the Parties. Customer also warrants that it maintains accurate and up to date records of legal basis for processing including relevant consent flows. If Customer is relying on “legitimate interest” under Article 6(1)(f) of the GDPR, it warrants that it has balanced its interests against the fundamental rights of the data subject, and keeps records of this process. Customer agrees that it will jointly and severally together with any other Data Controller, indemnify and hold harmless Spin Technology on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause.

DATA CONTROLLER’S OBLIGATIONS. As Data Controller, Customer warrants that: (i) the legislation applicable to it does not prevent Data Processor from fulfilling the instructions received from the Data Controller(s) and performing Data Processor’s obligations under this Agreement; and (ii) it has complied and continues to comply with the Applicable Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Personal Data by the Data Processor as set out in this Agreement and as envisaged by any services agreement in place between the Parties. Customer also warrants that it maintains accurate and up to date records of legal basis for processing including relevant consent flows. If Customer is relying on “legitimate interest” under Article 6(1)(f) of the GDPR, it warrants that it has balanced its interests against the fundamental rights of the data subject, and keeps records of this process. Customer agrees that it will jointly and severally together with any other Data Controller, indemnify and hold harmless Spin Technology Spinbackup on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause.

DATA CONTROLLER’S OBLIGATIONS. As Data Controller, Customer warrants that: (i) the legislation applicable to it does not prevent Data Processor from fulfilling the instructions received from the Data Controller(s) and performing Data Processor’s obligations under this Agreement; and (ii) it has complied and continues to comply with the Applicable Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Personal Data by the Data Processor as set out in this Agreement and as envisaged by any services agreement in place between the Parties. Parties Customer also warrants that it maintains accurate and up to date records of legal basis for processing including relevant consent flows. If Customer is relying on “legitimate interest” under Article 6(1)(f) of the GDPR, it warrants that it has balanced its interests against the fundamental rights of the data subject, and keeps records of this process. Customer agrees that it will jointly and severally together with any other Data Controller, indemnify and hold harmless Spin Technology on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause.

DATA CONTROLLER’S OBLIGATIONS. As Data Controller, Customer warrants that: (i) the legislation applicable to it does not prevent Data Processor from fulfilling the instructions received from the Data Controller(s) and performing Data Processor’s obligations under this Agreement; and (ii) it has complied and continues to comply with the Applicable Laws, in particular that it has obtained any necessary consents or given any necessary notices, and otherwise has a legitimate ground to disclose the data to Data Processor and enable the Processing of the Personal Data by the Data Processor as set out in this Agreement and as envisaged by any services agreement in place between the Parties. Customer also warrants that it maintains accurate and up to date records of legal basis for processing including relevant consent flows. If Customer is relying on “legitimate interest” under Article 6(1)(f) of the GDPR, it warrants that it has balanced its interests against the fundamental rights of the data subject, and keeps records of this process. Customer agrees that it will jointly and severally together with any other Data Controller, indemnify and hold harmless Spin Technology MapAnything on demand from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Data Processor arising directly or indirectly from a breach of this Clause.