Data Protection and Processing. 2.1. All Information collected via the Information System shall be the exclusive property of UD Trucks Group, and UD Trucks Group may process and use such Information for their own internal purposes. Customer expressly agrees that, unless it separately subscribes to the Services, it shall have no right whatsoever to the Information; provided, however, that nothing herein shall restrict the right of individual data subjects in relation to their respective personal data (to the extent applicable to the collected data) under statutory laws and regulations. To the extent that UD Trucks Group is a “data controller” within the meaning of the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), and that any such collected and processed data may be considered “personal data” within the meaning of the GDPR, then Customer agrees to fully assist UD Trucks Group, if requested to do so, in providing information to and obtaining consents from the data subject relating to the data processing.
2.2. Customer shall collect consents for such processing from each and all Customer’s employees and/or other persons who operate the vehicles if no other legal permission applies. Such collection of consent should as a minimum include the consent and
2.3. This Section applies specifically to Customer who subscribes to the Services. In the course of providing the Services, UD Trucks Group will process data not only for itself but also on behalf of Customer. Authorized Providers may also process and/or access data on behalf of Customer. Some data may be considered “personal data” within the meaning of the GDPR. Customer is the “data controller” with regard to such processing performed by UD Trucks Group and/or third-party service providers on behalf of Customer in relation to the Services, and UD Trucks Group will act as Customer’s “data processor” thereto and may also use subprocessors for such processing, including UD Trucks Group entity.
2.4. This Section applies specifically to Customer who subscribes to the Services. To the extent if Customer provides any data and information, including without limitation any personal data, to UD Trucks Group (and/or Authorized Providers, as applicable) for the Services, Customer represents, warrants and covenants that:
(i) all data and information provided by Customer is accurate and complete;
(ii) Customer has acquired and maintains all necessary consents in accordance with this Agreement from each and all Customer’s employees and/or ...
Data Protection and Processing. Microsoft and its Affiliates, and their respective agents and subcontractors, will process Customer Data, Personal Data, and Professional Services Data as provided in this Agreement and the DPA, which is incorporated by reference. Before providing Personal Data to Microsoft, Customer will obtain all required consents from third parties (including Customer’s contacts, Partners, distributors, administrators, and employees) under applicable privacy and data protection laws.
Data Protection and Processing. 9.1. Personal data is any information relating to an identified or identifiable natural person ('Data Subject') as defined in the applicable data protection law.
9.2. Personal data will be gathered, processed and used by FRANKE in compliance with the applicable data protec- tion law and all of our employees, XXXXXX group com- panies and third party service providers who have ac- cess to personal data are obliged to respect the confi- dentiality of the personal data.
9.3. In the event that FRANKE is provided and receives per- xxxxx data via Customer or a point of sale for such pur- pose describe above, FRANKE is an independent con- troller under applicable data protection law.
9.4. FRANKE collects personal data when customer submits it to us, through registration, completion of forms or e- mails, as part of an order for products or services, after- sale support for products or services, inquiries or re- quests about products being ordered and similar situa- tions in which data subject has chosen to provide the in- formation to FRANKE or via a point of sale to FRANKE.
9.5. Some personal data provided (name, address, phone number and email address) will be processed by FRANKE for marketing, advertising or promoting pur- poses. We assume that this is of mutual interest for our Customer and for the Data Subject to upkeep a good business relationship and the respective Data Subject can object to the processing of his/her data for this pur- pose at any time without giving reasons by contacting FRANKE.
9.6. Some of the personal data provided may be stored or processed in other jurisdictions, such as the United States, whose data protection laws may differ from this jurisdiction. In such cases, FRANKE ensures that appro- priate protections are in place to require the data proces- sor in that country to maintain protections on the per- xxxxx data that are equivalent to those that apply in the country of FRANKE.
9.7. Customer is obliged to inform any point of sale and its end-users that it complies with applicable data protection law and personal data will be processed by XXXXXX xx- cording to the terms and limitation set forth in this Clause. Customer shall, without limitation, defend, hold harmless and indemnify FRANKE in the event of dam- age that is attributable to Customer's transferring of per- xxxxx data or in breach of applicable data protection law.
9.8. Our full privacy statement can be found on our website: xxx.xxxxxxxxxxxxxxxx.xxx.
Data Protection and Processing. During the course of providing the Information Services, either directly or through its authorised dealers, as well as during the course of Volvo, any of its authorised business partners or any third party providing services, such as repair, maintenance or other services (whether or not under warranty), Volvo may process personal data within the meaning of the GDPR (“Personal Data”), on behalf of the Customer, its affiliates or agents. With respect to any such processing, the Parties agree that the Customer is the "controller" and that Volvo will act as the Customer’s "processor" as contemplated in the GDPR. Appendix 1 of this Agreement (Provisions Regarding the Processing of Personal Data) sets out the terms and conditions applicable to such processing of Personal Data and shall apply whenever Volvo is processing Personal Data on behalf of the Customer. The Customer undertakes to comply with applicable data protection laws, including, but not limited to, any obligations relating to the establishment of a legal ground for processing Personal Data and the provision of information to data subjects under the GDPR, and similar obligations imposed by laws in other jurisdictions. To the extent permitted by law, the Customer shall hold Volvo, its representatives and agents, and any third parties acting on behalf of Volvo, indemnified against any loss arising directly or indirectly from the Customer’s failure to comply with applicable data protection laws.
Data Protection and Processing. In the course of providing the Services, Dealer will process data on behalf of Customer. Some of the data may be considered “personal data” (within the meaning of the General Data Protection Regulation (EU) 2016/679, the “GDPR”). Customer is the “data controller” with regard to such processing and Dealer is the Customer’s “data processor”. Dealer may use sub-processors for such processing, including, but not limited to, Volvo Construction Equipment AB (“Volvo CE”), Volvo Information Technology AB (“Volvo IT”) and HCL Technologies Limited (“HCL”) and HCL Technologies Sweden AB (“HCL Sweden”). Appendices 2 and 3 set out the conditions for such processing. Notwithstanding the above, each Dealer and Volvo CE shall have the right to process and use data (both personal data and other data) from Machines and the Services for its own purposes. To the extent such processing involves personal data, Dealer and Volvo CE respectively are each the “data controller”. Customer agrees to assist the Dealer and/or Volvo CE, if requested to do so, in the provision of information to or obtaining consents of the data subjects relating to the processing activities undertaken by Dealer and/or Volvo CE as data controllers. Customer consents to that Dealer and Volvo CE may use personal data collected under this Agreement for marketing of Dealer (Machines and Services). This consent given by Customer may be revoked at any time with effect for the future by terminating this Agreement as provided for herein. By signing this Agreement or by downloading, accessing, installing or otherwise using the Services or the relevant internet based portals or Application Programming Interfaces, Customer acknowledges that Customer has read and understood this Agreement, has all necessary authorisations to enter into the Agreement and to enable Dealer, Volvo CE and Volvo Group companies to undertake the activities foreseen in this Agreement and agrees to be bound by its terms and conditions, as amended from time to time. The following Appendices constitute an integrated part of this Agreement:
Data Protection and Processing. The Provider will comply with all aspects of the Data Protection Xxx 0000 (DPA). The Provider will comply with the following Council policies: Data Protection Policy Information Security Policy Records Management Policy The UK government has introduced the Data Protection Xxxx (replaces the Data Protection Act 1998) which enables the UK to continue as it stands once the UK exits the EU. The new Xxxx includes all the EU standards as set in the General Data Protection Regulations (GDPR) as well as some UK specific elements relating to Law Enforcement and National Security. The Provider will comply with all legislation and best practice regarding Data Protection, including the Data Protection Xxx 0000 (DPA), GDPR and Council Policies as set out in Appendix 5, and any updates to these that come into force during the term of the contract. The Provider will act as a ‘Data processor’ on behalf of the Council. Whilst Providers currently have certain responsibilities under the Data Protection Act, the new GDPR will bring increased responsibility and accountability for data processors, with the Information Commissioners Office (ICO) being given new powers to issue financial penalties against data processors that do not adhere to the guidelines. The Provider will ensure that it only sends confidential personally identifiable information to the Council and third party agencies via two specific methods of communication: By hand to the receiver of the information if this is paper based – documents should not be posted and should be passed directly to a member of staff and not left at any reception desk By utilising the ‘Leapfile’ programme that the Council uses for secure data transfer (or any future applications the Council may utilise in its place) Under no circumstances shall the Provider send personal and sensitive information to the Council or any other agency or Service via standard email. In cases where Council staff are not registered with this system the Provider must request that they gain access before sending information. Where the request is urgent and cannot wait for this to be put in place information must be provided verbally. Information can be sent to the Council via the website below: xxxx://xxxxxxxx.xxxxxxxx.xxx Any deviation from this process will be viewed as a serious breach of this Contract. The Provider will collect and hold only relevant data under the ethos of ‘appropriate collection’. Where the Provider is collecting data in its own right i.e...
Data Protection and Processing. Dealer will use Volvo Construction Equipment North America, LLC (“Volvo CE”) and Volvo Group companies as subcontractors to provide the Services. As subcontractors to Dealer, Volvo CE and Volvo Group companies will process Machine Data (as defined in clause 1.7 of Appendix 1 below) and other data made available to Dealer by Customer through its use of the Services. This data may include information that by itself or when combined with other information can be used to identify a specific individual, including name, telephone number, address, e-mail address, location data and personal identification number (“Personal Data”). When acting as subcontractors to Dealer to provide the Services, Volvo CE and Volvo Group companies will be considered so called “processors” and to the extent required by law will only process personal data in accordance with the instructions provided by the Dealer on behalf of the Customer. Thus, Customer hereby instructs Dealer to process the aforementioned data on Customer’s behalf in order to provide the Services and to provide the same instructions to Volvo CE and Volvo Group companies. The parties hereby acknowledge and agree that the provisions outlined in Appendix 1, paragraph 2.1 and the Interfaces, constitute appropriate instructions for the processing of Personal Data as may be required by relevant law.
Data Protection and Processing. Microsoft and its Affiliates, and their respective agents and sucbontractors, will process Customer Data, Personal Data, and Professional Services Data as provided in this Agreement and the DPA, which is incorporated by reference. Before providing Personal Data to Microsoft, Customer will obtain all required consents frRP WKLUG SDUWLHV LQFOXGLQJ &XVWRPHU·V FRQWDFWV employees) under applicable privacy and data protection laws.
Data Protection and Processing. During the course of providing the Information Services, either directly or through its authorised dealers, as well as during the course of Volvo, any of its authorised business partners or any third party providing services, such as repair, maintenance or other services (whether or not under warranty), Volvo may process personal data within the meaning of the GDPR (“Personal Data”) and Turkish PDP legislation, on behalf of the Customer, its affiliates or agents. With respect to any such processing, the Parties agree that the Customer is the "controller" and that Volvo will act as the Customer’s "processor" as contemplated in the GDPR and the Turkish PDP Legislation and shall accordingly be liable for complying with relevant requirements of such laws applicable to data controllers.
Appendix 1 of this Agreement (Provisions Regarding the Processing of Personal Data) sets out the terms and conditions applicable to such processing of Personal Data and shall apply whenever Volvo is processing Personal Data on behalf of the Customer. For the avoidance of doubt, Volvo and Sub-Processors will process the Personal Data only for the purpose of the provision of key revenue generating connected services including fleet management services; accordingly, Volvo and Sub-Processors shall act only as the data processor within the data processing activities related to this section of the services. In this regard, Customer shall have the compliance burden as the data controller arising from the applicable data protection laws in the EU and in Turkey regarding data processing within the course of the services, and Customer also has contractual obligation against Volvo based on this Agreement to fulfil all legal requirements arising from the Turkish PDP Legislation. Accordingly, when acting as a data controller, Customer undertakes to comply with applicable data protection laws in EU and in Turkey, including but not limited to providing information to, and/or obtain the relevant consent from data subjects when applicable necessary for data processing activities especially for cross-border personal data transfers from Customer to VOLVO as well as complying with required data security obligations via taking necessary technical and administrative measures. Should any additional security measures need to be taken by the Customer and/or Volvo under the applicable Turkish PDP Legislation regarding the data processing activities, the Customer shall inform Volvo immediately via a writt...
Data Protection and Processing. The parties acknowledge that the Software is an engagement platform allowing organisations and users to communicate.
6.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 6 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
6.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Organisation is the data controller and ParentMail is the data processor (where Data Controller, Data Processor and Personal Data have the meanings as defined in the Data Protection Legislation).
6.3 Without prejudice to the generality of clause 6.1, the Organisation will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to ParentMail for the duration and purposes of this agreement.
6.4 Without prejudice to the generality of clause 6.1, ParentMail shall, in relation to any Personal Data processed in connection with the performance by ParentMail of its obligations under this agreement:
(a) process that Personal Data only on the written instructions of the Organisation unless ParentMail is required by the laws of any member of the European Union or by the laws of the European Union applicable to ParentMail to process Personal Data (Applicable Laws). Where ParentMail is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, ParentMail shall promptly notify the Organisation of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit ParentMail from so notifying the Organisation;
(b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and 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 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 afte...
