Common use of General Data Protection Clause in Contracts

General Data Protection. 25.1. Business Contact Information is business-related contact information disclosed by Customer to Responsiv or Cloud Partner(s), including names, job titles, business addresses, telephone numbers and email addresses of Customer’s employees and contractors. 25.2. Business Contact Personnel are Customer employees and contractors to whom the Business Contact Information relates. 25.3. Customer authorizes Responsiv or Cloud Partner(s) to process and use Business Contact Information within Responsiv and its partners in support of Customer including the provision of support services, and for the purpose of furthering the business relationship between Customer and Responsiv, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing Responsiv products and services (the ″Specified Purpose″). 25.4. Responsiv agrees that all Business Contact Information will be processed in accordance with the GDPR and will be used only for the Specified Purpose. 25.5. To the extent required by the GDPR, Customer represents that it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable Responsiv or any Cloud Partner to process and use the Business Contact Information for the Specified Purpose. 25.6. Customer authorizes Responsiv to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation. 25.7. For purposes of this Item ″Personal Data″ has the meaning set out in the Data Protection Law and relates only to personal data, or any part of such personal data, in respect of which the Customer is the Data Controller and in relation to which Responsiv or a Cloud Partner is providing services under this Contract. In the context of GDPR the term means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. The following provisions apply in the event that one party makes Personal Data available to the other: 25.7.1. Neither party will request Personal Data beyond what is necessary to fulfil the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available. 25.7.2. Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data. 25.7.3. Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other. 25.7.4. Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section. 25.8. Additional or different services required to comply with the Laws will be deemed a request for new services. 25.9. Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfil the purpose(s) for which it was made available.

General Data Protection. 25.112.1. Business Contact Information is business-related contact information disclosed by Customer Licensee to Responsiv or Cloud Partner(s)Responsiv, including names, job titles, business addresses, telephone numbers and email addresses of CustomerLicensee’s employees and contractors. 25.212.2. Business Contact Personnel are Customer Licensee employees and contractors to whom the Business Contact Information relates. 25.312.3. Customer Licensee authorizes Responsiv or Cloud Partner(s) to process and use Business Contact Information within Responsiv and its partners in support of Customer Licensee including the provision of support services, and for the purpose of furthering the business relationship between Customer Licensee and Responsiv, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing Responsiv products and services (the ″Specified Purpose″). 25.412.4. Responsiv agrees that all Business Contact Information will be processed in accordance with the GDPR and will be used only for the Specified Purpose. 25.512.5. To the extent required by the GDPR, Customer Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable Responsiv or any Cloud Partner to process and use the Business Contact Information for the Specified Purpose. 25.612.6. Customer Licensee authorizes Responsiv to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation. 25.712.7. For purposes of this Item ″Personal Data″ has the meaning set out in the Data Protection Law and relates only to personal data, or any part of such personal data, in respect of which the Customer Licensee is the Data Controller and in relation to which Responsiv or a Cloud Partner is providing services under this Contract. In the context of GDPR the term means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. The following provisions apply in the event that one party makes Personal Data available to the other: 25.7.112.7.1. Neither party will request Personal Data beyond what is necessary to fulfil the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available. 25.7.212.7.2. Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data. 25.7.312.7.3. Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other. 25.7.412.7.4. Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section. 25.812.8. Additional or different services required to comply with the Laws will be deemed a request for new services. 25.912.9. Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfil the purpose(s) for which it was made available.