Data Processing Agreement The Data Processing Agreement, including the Approved Data Transfer Mechanisms (as defined in the Data Processing Agreement) that apply to your use of the Services and transfer of Personal Data, is incorporated into this Agreement by this reference. Each party will comply with the terms of the Data Processing Agreement and will train its employees on DP Law.
Data Processing Addendum The parties’ agreement with respect to the processing of personal information submitted to the Subscription Service is described in the Data Processing Addendum attached to this Subscription Service Guide as Exhibit A.4 and incorporated herein by reference. The Data Processing Addendum may be updated periodically.
XXXX ANTI-LOBBYING AMENDMENT Xxxx Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding ,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Xxxx Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Xxxx Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
Data Processing In this clause:
Integration; Amendment This Agreement constitutes the entire agreement of the Parties relating to the subject matter hereof. There are no promises, terms, conditions, obligations, or warranties other than those contained herein. This Agreement supersedes all prior communications, representations, or agreements, verbal or written, among the Parties relating to the subject matter hereof. This Agreement may not be amended except in writing.
Service Level Agreement Subject to the terms and conditions of this Agreement, Bank agrees to perform the custody services provided for under this Agreement in a manner that meets or exceeds any service levels as may be agreed upon by the parties from time to time in a written document that is executed by both parties on or after the date of this Agreement, unless that written document specifically states that it is not contractually binding. For the avoidance of doubt, Bank’s Service Directory shall not be deemed to be such a written document.
DATA PROCESSING TERMS For the purposes of the Data Protection Legislation, the Sponsor is the Controller, the Participating Site is the Sponsor's Processor and the PIC is the Sub-Processor of the Participating Site in relation to all Processing of Personal Data that is Processed for the purpose of this Study and for any future research use under the Controllership of the Sponsor, that would not have taken place but for this Agreement regardless where that Processing takes place. The Parties acknowledge that whereas the Sponsor is the Controller in accordance with Clause 3.2, the PIC is the Controller of the Personal Data collected for the purpose of providing clinical care to the Participants. This Personal Data may be the same Personal Data, collected transparently and processed for research and for care purposes under the separate Controllerships of the Sponsor and PIC. Where the PIC is the Participating Site's Sub-Processor and thus where the Processing is undertaken by the PIC for the purposes of the Study, Clauses 3.5 to 3.9 below will apply. For the avoidance of doubt, such Clauses do not apply where the PIC is Processing the Participant Personal Data as a Controller. The PIC agrees only to Process Personal Data for and on behalf of the Participating Site in accordance with the instructions of the Participating Site or Sponsor and for the purpose of the Study and to ensure the Sponsor’s and Participating Site’s compliance with the Data Protection Legislation; The PIC agrees to comply with the obligations applicable to Processors described by Article 28 GDPR including, but not limited to, the following: to implement and maintain appropriate technical and organisational security measures sufficient to comply at least with the obligations imposed on the Controller by Article 28(1); to not engage another Processor without the prior written authorisation of the Sponsor (Article 28(2)); to Process the Personal Data only on documented instructions from the Participating Site or Sponsor unless required to do otherwise by legislation, in which case the PIC shall notify the Participating Site before Processing, or as soon as possible after Processing if legislation requires that the Processing occurs immediately, unless legislation prohibits such notification on important grounds of public interest (Article 28(3a)).; to ensure that personnel authorised to Process Personal Data are under confidentiality obligations (Article 28(3b)); to take all measures required by Article 32 GDPR in relation to the security of processing (Article 28(3c)); to respect the conditions described in Article 28(2) and (4) for engaging another Processor (Article 28(3d)); to, taking into account the nature of the Processing, assist the Participating Site and/or the Sponsor, by appropriate technical and organisational measures, insofar as this is possible, to respond to requests for exercising Data Subjects’ rights (Article 28(3e)); to assist the Controller, to ensure compliance with the obligations pursuant to Articles 32 to 36 GDPR taking into account the nature of the Processing and the information available to the PIC (Article 28(3f)); to, at the choice of the Sponsor, destroy or return all Personal Data to the Sponsor at the expiry or early termination of the Agreement, unless storage is legally required (Article 28(3g)) or where that Personal Data is held by the PIC as Controller for the purpose of clinical care or other legal purposes; and
Sub-processing 1. The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses. Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.
Details of Data Processing (a) Subject matter: The subject matter of the data processing under this DPA is the Customer Data.
AMENDMENTS TO SERVICE AGREEMENT With effect from the date of this Deed the Parties agree that the Service Agreement is varied so that:
