EU Data Protection. If you are subject to the European Union Data Protection Directive 95/46/EC, the European Union General Data Protection Regulation or similar statute, in relation to Personal Information we process on your behalf, the Agreement expressly incorporates by reference the data processing addendum (“DPA”) available at xxxx://xxxxxxxxxx.xxxxxxxxxx.xxx/bbinc/data-processing-addendum.aspx. You agree that you are the controller of such information and that Blackboard is the processor of such information. If any term in the Agreement expressly conflicts with any term in the DPA, the conflicting term in the DPA shall control.
EU Data Protection. To the extent that EU Law applies to the processing of personal data by Spectralink pursuant to this agreement, then you acknowledge that you are the controller and Spectralink is the processor of that personal data. You will ensure that all necessary appropriate consents and notices are in place to enable the lawful processing of personal data by you and Spectralink (and the Software provided by Spectralink pursuant to this Agreement) for the duration and purposes of this Agreement. Spectralink shall, in relation to any personal data processed in connection with the performance of this agreement: (i) process that personal data only on your written instructions unless Spectralink is required by the laws of any member of the European Union or by the laws of the European Union applicable to Spectralink to process personal data (“Applicable Laws”). Where Spectralink is relying on laws of a member of the European Union or European Union law as the basis for processing personal data, Spectralink shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Spectralink from so notifying you; (ii) 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; (iii) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (iv) only transfer the personal data outside the European Economic Area in accordance with applicable EU Laws; (v) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with its obligations under applicable EU Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (vi) notify you without undue delay on becoming aware of a personal data breach; (vii) at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the personal data; and (viii) maintain complete and accurate records and information to demonstrate its compliance with this term. You consent to Spectralink appointing third party processors of personal data under this agreement in order to provide the Software to you. Either party may, at any time on not less than thi...
EU Data Protection. Reseller shall be a separate Controller in relation to its processing of any End-User Personal Data collected in the course of exercising its rights under this Agreement, including in relation to processing for customer relationship management and marketing purposes, and shall comply with its obligations under the EU Data Protection Laws in relation to such processing.
EU Data Protection. Without limiting the generality of Section 6.5(a), to the extent Consultant may, during or as a result of rendering Consulting Services, have access to European Union-originating Personal Data, as that term is defined in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), the terms set forth in the EU Data Privacy Exhibit will apply in addition to the other terms and conditions of this Agreement.
EU Data Protection. Without limiting the generality of Section 7.1, to the extent Service Provider may, during or as a result of rendering Services under any Statement of Work, have access to European Union (EU)-originating Personal Data (as that term is defined in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”)), the terms set forth in this Section 7.2 will apply. (For purposes of Section 5.5, Section 9.4(e) and this Section 7.2, capitalized terms not defined in such Sections refer to the definitions in the GDPR). Tectonic will serve as the Controller and Service Provider will serve as Tectonic’s Processor in respect of all Personal Data made available to and Processed by Service Provider in connection with the provision of the Services under this Agreement. Service Provider will provide Personal Data and Processing Services for those categories of Personal Data set out in the applicable Statement of Work and all other Personal Data made available to Service Provider under this Agreement. In connection with such Personal Data and Processing Services, Service Provider will:
(a) Process Personal Data solely for the purposes of providing the Services and in accordance with Tectonic’s written instructions and not for any other purpose or in any other manner. If Service Provider is required to use the Personal Data for another purpose by EU or Member State law to which the Service Provider is subject. Service Provider will, unless prohibited by applicable law, promptly (and in no event more than [***] after receipt of such information) notify Tectonic in writing of that legal requirement before Processing such Personal Data;
(b) ensure that all Service Provider Personnel that Process Personal Data are subject to confidentiality and non-use obligations expressly covering the Personal Data;
(c) comply with the security requirements set out in this Agreement;
(d) not disclose or transfer Personal Data to any third party without Tectonic’s prior written consent except where such disclosure or transfer is:
(i) to a permitted subcontractor (A) which, prior to such disclosure, was (1) approved by Tectonic pursuant to and subject to Section 2.4, and (2) bound by a written agreement with Service Provider to obligations that are no less onerous than the obligations set out in this Section 7.2; (B) has been qualified by Service Provider to provide Processing Services in compliance with this Agreement and applicable law; and (C) whose provision of Processing Services will b...
EU Data Protection. I/We agree that the personal data contained in this Subscription Agreement together with any other personal data furnished in connection with the investment in the ICAV (the “Data”) will be held and processed by and on behalf of the ICAV in accordance with the requirements of Regulation (EU) 2016/679, the General Data Protection Regulation, as described in further detail in the ICAV’s data privacy statement, which is set out in Appendix 1. To the extent that the Data contained in this Subscription Agreement or any other information that is furnished in connection with the investment in the ICAV constitutes personal data in respect of another individual, I/We warrant that I/we have provided the privacy statement to such individual and have been authorised by that individual to acknowledge on that individual’s behalf that such Data shall be held and processed on behalf of the ICAV in the manner outlined above.
EU Data Protection. If the Hosted Services involve the creation, processing, retention, deletion, use or disclosure of personal data (as that term is defined under the GDPR), including of Customer’s employees and other individuals (“Personal Data”), then Ushur will comply, and will require that its personnel and subcontractors comply, with all applicable requirements of the GDPR, including, without limitation, ensuring that transfers of Personal Data to third countries are made only in accordance with the following: (a) the transfer is to a jurisdiction deemed by the European Commission to have an adequate level of protection;
EU Data Protection. Service Provider will not Process any Personal Data originating from the European Union (EU) as defined in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) or otherwise applicable to GDPR. If the Services under a Statement of Work will require the Processing of Personal Data applicable to GDPR, the parties will execute a separate Data Processing Addendum (“DPA”) before any such Services are provided.
EU Data Protection. If you make Personal Data available to the Cloud Service, as between you and IBM, you are considered the sole controller of the Personal Data, and you appoint IBM as a processor to process (as those terms are defined in EU Directive 95/46/EC) such Personal Data. IBM will only process such Personal Data to the extent required to make the Cloud Service available in accordance with this Service Description. IBM shall reasonably cooperate with you in its fulfillment of any legal requirement, including providing you with access to the Personal Data. You agree that IBM may process Content made available to the Cloud Service, including any Personal Data, across country borders to IBM in the United States. If IBM changes the way it processes or secures Personal Data and such change causes you to be noncompliant with applicable data protection laws, you may terminate the affected Cloud Service within 30 days of IBM’s notification of the change.
EU Data Protection. To the extent Client is subject to the European Union Data Protection Directive 95/46/EC, the GDPR or similar statute, in relation to the PII that TouchNet processes, Client agrees that Client is the controller of all Client Data and PII submitted to TouchNet, and that TouchNet is the processor of that information. This Agreement will also include the TouchNet Data Protection Addendum for Personal Data Processing of EU Resident Data (“DPA”). If any term in this Agreement conflicts with any term in the DPA, the conflicting term in the DPA shall control.
