Data Processor and Data Controller. 1.1 The Parties agree that, for the Protected Data, the Customer shall be the Data Controller and Service Provider shall be the Data Processor.
1.2 Service Provider shall Process Protected Data in compliance with Data Protection Laws and the terms of this DPA.
1.3 The Customer warrants, represents and undertakes that:
1.3.1 it shall comply with all Data Protection Laws in connection with the Processing of Protected Data and the terms of this DPA;
1.3.2 all data sourced by the Customer for use in connection with the Services, prior to such data being provided to or accessed by Service Provider for the performance of the Services under this DPA, shall comply in all respects, including in terms of its collection, storage and Processing, with Data Protection Laws (which shall include the Customer obtaining all consents necessarily required, providing all of the required notices and information to Data Subjects and maintaining for the term of this DPA the necessary legal grounds for transferring the Protected Data to Service Provider and allowing Service Provider to perform the Processing contemplated by this DPA);
1.3.3 all instructions given by it to Service Provider in respect of Personal Data shall at all times be in accordance with Data Protection Laws;
1.3.4 it has undertaken due diligence in relation to Service Provider's Processing operations, and it is satisfied that:
(a) Service Provider's Processing operations are suitable for the purposes for which the Customer proposes to use the Services and engage Service Provider to Process the Protected Data; and
(b) Service Provider has sufficient expertise, reliability and resources to implement technical and organisational measures that meet the requirements of Data Protection Laws; and
1.3.5 it shall notify the Service Provider in the event of any change to the nature of the Protected Data, including its type and the categories of the relevant Data Subjects.
1.4 The Customer shall not withhold, delay or condition its agreement to any change requested by Service Provider in order to ensure the Services and Service Provider (and each Sub-Processor) can comply with Data Protection Laws.
Data Processor and Data Controller. 1.1. The parties agree that, for the Protected Data, the Customer shall be the Data Controller and Kinetic shall be the Data Processor.
1.2. Kinetic shall process Protected Data in compliance with:
1.2.1. the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under the Agreement and this Schedule 5.
1.3. The Customer shall comply with:
1.3.1. all Data Protection Laws in connection with the processing of Protected Data, the Services and the exercise and performance of its respective rights and obligations under this Schedule 5, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
1.3.2. the terms of this Schedule.
1.4. The Customer warrants, represents and undertakes, that:
1.4.1. all data sourced by the Customer for use in connection with the Services, prior to such data being provided to or accessed by Kinetic for the performance of the Services under this Schedule 5, shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Customer providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws;
1.4.2. all instructions given by it to Kinetic in respect of Personal Data shall at all times be in accordance with Data Protection Laws;
1.4.3. it has undertaken due diligence in relation to Kinetic's processing operations, and it is satisfied that:
a) Kinetic's processing operations are suitable for the purposes for which the Customer proposes to use the Services and engage Kinetic to process the Protected Data; and
b) Kinetic has sufficient expertise, reliability and resources to implement technical and organisational measures that meet the requirements of Data Protection Laws.
1.5. The Customer shall not withhold, delay or condition its agreement to any Change requested by Kinetic in order to ensure the Services and Kinetic (and each Sub-Processor) can comply with Data Protection Laws.
Data Processor and Data Controller. 3.1 The parties agree that, in relation to the Protected Data, the Customer is the Data Controller and Workbooks is the Data Processor.
3.2 Workbooks shall process Protected Data in compliance with:
3.2.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under this Addendum and the Agreement; and
3.2.2 the terms of this Addendum.
3.3 The Customer shall comply with:
3.3.1 all Data Protection Laws in connection with the processing of Protected Data and the exercise and performance of its respective rights and obligations under this Addendum and the Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
3.3.2 the terms of this Addendum.
3.4 The Customer warrants that:
3.4.1 all Protected Data shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Customer providing all of the required fair processing information to, and obtaining all necessary consents from, relevant Data Subjects), with Data Protection Laws;
3.4.2 all instructions given by it to Workbooks in respect of Personal Data shall at all times be in accordance with Data Protection Laws; and
3.4.3 it has complied with its obligations as a Data Controller.
3.5 The Customer shall not withhold, delay or condition its agreement to any change requested by Workbooks to the Services in order to ensure the Services and Workbooks (and each Sub-Processor) can comply with Data Protection Laws.
Data Processor and Data Controller. 1.1 The Data Processor shall comply with all Data Protection Laws in connection with the processing of Protected Data, the Services and the exercise and performance of its respective rights and obligations under this Agreement and shall not by any act or omission cause the Data Controller (or any other person) to be in breach of any Data Protection Laws.
1.2 The Data Controller shall comply with all Data Protection Laws in respect of the performance of its obligations under this Agreement.
Data Processor and Data Controller. 1.1 The Data Processor shall process Protected Data in compliance with:
1.1.1 the obligations under Data Protection Laws in respect of the performance of its obligations under this Agreement; and
1.1.2 the terms of this Agreement.
1.2 The Data Controller shall comply with:
1.2.1 all Data Protection Laws in connection with the processing of Protected Data, the Services and the exercise and performance of its respective rights and obligations under this Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
1.2.2 the terms of this Agreement.
1.3 The Data Controller warrants, represents and undertakes, that:
1.3.1 all data sourced by the Data Controller for use in connection with the Services, prior to such data being provided to or accessed by the Data Processor for the performance of the Services under this Agreement, shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Data Controller providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws;
1.3.2 all instructions given by it to the Data Processor in respect of Personal Data shall at all times be in accordance with Data Protection Laws; and
1.3.3 it is satisfied that:
(a) the Data Processor’s processing operations are suitable for the purposes for which the Data Controller proposes to use the Services and engage the Data Processor to process the Protected Data; and
Data Processor and Data Controller. 1.1 The Parties agree that, in respect of Business Data, the Customer shall be the Data Controller and Ontrack shall be the Data Processor. It is acknowledged that the Customer shall have sole responsibility for the accuracy, quality, integrity and reliability of any Customer Data and of the means by which it acquired such Customer Data.
1.2 The Customer warrants, represents and undertakes, that: (i) all Business Data used in connection with the data recovery services pursuant to the Terms shall comply in all respects with Data Protection Laws; (ii) all instructions given by it to Ontrack in respect of Business Data shall at all times be in accordance with Data Protection Laws; (iii) it has obtained all necessary consents from any Data Subject whose Personal Data is included within the Business Data or otherwise has the appropriate legal permission to provide the Personal Data to Ontrack; and
Data Processor and Data Controller. 1.1 The parties agree that, for the Protected Data, the Customer shall be the Data Controller and the Supplier shall be the Data Processor.
Data Processor and Data Controller. 1.1. The parties agree that, for the Protected Data, the Licensee shall be the Data Controller and Nutrienti shall be the Data Processor.
1.2. Nutrient shall process Protected Data in compliance with:
1.2.1. the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under the Master Subscription Agreement; and
1.2.2. the terms of the Terms of Service.
1.3. The Licensee shall comply with:
1.3.1. all Data Protection Laws in connection with the processing of Protected Data, the Nutrient Low-Code Products and the exercise and performance of its respective rights and obligations under the Master Subscription Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
1.3.2. the terms of the Master Subscription Agreement.
1.4. The Licensee warrants, represents and undertakes, that:
1.4.1. all data sourced by the Licensee for use in connection with the Nutrient Low-Code Products, prior to such data being provided to or accessed by Nutrient for use of the Nutrient Low-Code Products under the Master Subscription Agreement, shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Licensee providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws;
1.4.2. all instructions given by it to Nutrient in respect of Personal Data shall at all times be in accordance with Data Protection Laws; and
1.4.3. it has undertaken due diligence in relation to Nutrient's processing operations, and it is satisfied that:
(a) Nutrient’s processing operations are suitable for the purposes for which the Licensee proposes to use the Nutrient Low-Code Products to process the Protected Data; and
(b) Nutrient has sufficient expertise, reliability and resources to implement technical and organisational measures that meet the requirements of Data Protection Laws.
1.5. The Licensee shall not withhold, delay or condition its agreement to any Change requested by Nutrient in order to ensure the Nutrient Low-Code Products and Nutrient (and each Sub-Processor) can comply with Data Protection Laws. Nutrient Low-Code - Data Processing Agreement
Data Processor and Data Controller. 1.2.1 The parties agree that, for the Personal Data, the Client shall be the Data Controller and XCD shall be the Data Processor.
1.2.2 XCD shall comply with:
1.2.2.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under this Agreement; and
1.2.2.2 the terms of this Agreement.
1.2.3 The Client shall comply with:
1.2.3.1 all Data Protection Laws in connection with the processing of Personal Data, the Services and the exercise and performance of its respective rights and obligations under this Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
1.2.3.2 the terms of this Agreement.
1.2.4 The Client warrants, represents and undertakes that all data sourced by the Client for use in connection with the Services, shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Client providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws.
1.2.5 Each party shall comply with the requirements regarding the security of processing data as set out in Data Protection Laws and take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
Data Processor and Data Controller. 2.1 The parties acknowledge and agree that, for the Protected Data, the Customer (or the relevant Data Client) shall be the Data Controller and Daisy or the Relevant Daisy Group Member shall be the Data Processor or sub-processor.
2.2 The Customer authorises Xxxxx and each member of Xxxxx’s Group responsible for providing the Services and/or Products to the Customer pursuant to the Principal Agreements (Relevant Daisy Group Member) to Process the Protected Data during the Term of this Agreement as a Data Processor or sub-processor for the purpose set out in Schedule 1.
2.3 Daisy or the Relevant Daisy Group Member shall Process Protected Data in compliance with:
2.3.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations under this Agreement; and
2.3.2 the terms of this Agreement.
2.4 The Customer shall (and shall if the Customer is not the Data Controller ensure that the relevant Data Controller shall) comply with:
2.4.1 all Data Protection Laws in connection with the Processing of Protected Data, the Services and/or Products and the exercise and performance of its respective rights and obligations under this Agreement, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
2.4.2 the terms of this Agreement.
2.5 The Customer warrants to Xxxxx and each Relevant Daisy Group Member that:
2.5.1 it has all necessary rights to authorise Xxxxx and each Relevant Daisy Group Member to Process Protected Data in accordance with this Agreement and the Data Protection Laws;
2.5.2 all data sourced by the Customer for use in connection with the Services and/or Products, shall comply in all respects, including in terms of its collection, storage and Processing (which shall include the Customer providing all of the required fair processing notices and information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws;
2.5.3 it will not send any Protected Data to Daisy or the Relevant Daisy Group Member which is not necessary for Daisy or the Relevant Daisy Group Member to provide the Services and/or Products;
2.5.4 its instructions to Xxxxx or the Relevant Daisy Group Member relating to Processing of Protected Data will not put Xxxxx or the Relevant Daisy Group Member in breach of Data Protection Laws, including with regard to International Transfers; and
2.5.5 it has undertaken due diligence in relation to Xxxxx's or...
