Common use of INCORPORATION AND PRECEDENCE Clause in Contracts

INCORPORATION AND PRECEDENCE. 13.1 This Data Processing Addendum shall be incorporated into and form part of the Agreement with effect from the Agreement Effective Date. 13.2 In the event of any conflict or inconsistency between: (a) this Data Processing Addendum and the Agreement, this Data Processing Addendum shall prevail; or (b) any provision in this Data Processing Addendum and any provision in the Standard Contractual Clauses, the relevant provision in the Standard Contractual Clauses shall prevail and govern in preference to the relevant provision in this Data Processing Addendum to the extent of such conflict or inconsistency; provided that, it is agreed that the following shall apply: (i) upon Customer’s request under Clause 5(j) of the UK Standard Contractual Clauses that Supplier provide copies of the Subprocessor agreements to Customer, Supplier may remove or redact all commercial information and/or any clauses unrelated the UK Standard Contractual Clauses or their equivalent beforehand; (ii) the audits described in Clauses 5(f) and 12(2) of the UK Standard Contractual Clauses and in Clauses 8.9(c) and 8.9(d) of the EU Standard Contractual Clauses shall be performed in accordance with Paragraph 10 of this Data Processing Addendum; (iii) Paragraph 5 of this Data Processing Addendum constitutes Customer’s prior written consent to the subcontracting by Supplier of the Processing of Personal Data if such consent is required under Clause 5(h) of the UK Standard Contractual Clauses and Clause 9(a) of the EU Standard Contractual Clauses, in respect of which the parties are deemed to have selected Option 2; and (iv) certification of deletion of Personal Data as described in Clause 12(1) of the UK Standard Contractual Clauses and Clauses 8.5 and 16(d), of the EU Standard Contractual Clauses shall be provided upon Customer’s request. This Annex 1 includes certain details of the Processing of Customer Personal Data: as required by Article 28(3) GDPR; and (where applicable in accordance with Paragraph 11) to populate Appendix 1 to the Standard Contractual Clauses.

INCORPORATION AND PRECEDENCE. 13.1 13.1. This Data Processing Addendum shall be incorporated into and form part of the Agreement with effect from the Agreement Effective Date. 13.2 13.2. In the event of any conflict or inconsistency between: (a) this Data Processing Addendum and the Agreement, this Data Processing Addendum shall prevail; or (b) any provision in this Data Processing Addendum and any provision in the Standard Contractual Clauses, the relevant provision in the Standard Contractual Clauses shall prevail and govern in preference to the relevant provision in this Data Processing Addendum to the extent of such conflict or inconsistency; provided that, it is agreed that the following shall apply: (i) upon Customer’s request under Clause 5(j) of the UK Standard Contractual Clauses that Supplier provide copies of the Subprocessor agreements to Customer, Supplier may remove or redact all commercial information and/or any clauses unrelated the UK Standard Contractual Clauses or their equivalent beforehand; (ii) the audits described in Clauses 5(f) and 12(2) of the UK Standard Contractual Clauses and in Clauses 8.9(c) and 8.9(d) of the EU Standard Contractual Clauses shall be performed in accordance with Paragraph 10 of this Data Processing Addendum; (iii) Paragraph 5 of this Data Processing Addendum constitutes Customer’s prior written consent to the subcontracting by Supplier of the Processing of Personal Data if such consent is required under Clause 5(h) of the UK Standard Contractual Clauses and Clause 9(a) of the EU Standard Contractual Clauses, in respect of which the parties are deemed to have selected Option 2; and (iv) certification of deletion of Personal Data as described in Clause 12(1) of the UK Standard Contractual Clauses and Clauses 8.5 and 16(d), of the EU Standard Contractual Clauses shall be provided upon Customer’s request. This Annex 1 includes certain details of the Processing of Customer Personal Data: as required by Article 28(3) GDPR; and (where applicable in accordance with Paragraph 11) to populate Appendix 1 to the Standard Contractual Clauses.

INCORPORATION AND PRECEDENCE. 13.1 12.1. This Data Processing Addendum shall be is hereby incorporated into and form forms part of the Agreement with effect from the Agreement Addendum Effective Date. 13.2 12.2. In the event of any conflict or inconsistency between: (a) this Data Processing Addendum and the Agreement, this Data Processing Addendum shall prevail; or (b) any provision in Standard Contractual Clauses entered into pursuant to Paragraph 11 and this Data Processing Addendum and any provision in and/or the Standard Contractual ClausesAgreement, the relevant provision in the those Standard Contractual Clauses shall prevail and govern in preference to the relevant provision in this Data Processing Addendum to the extent of such conflict or inconsistency; provided that, it is agreed that the following shall apply: (i) upon Customer’s in the event of any request under Clause 5(j) of the UK Standard Contractual Clauses that Supplier Crunchy Data provide copies of any Subprocessor agreement(s) to the Subprocessor agreements to Customer, Supplier Crunchy Data may remove or redact all commercial information and/or or all or part of any clauses clauses, recitals, schedules annexes, appendices etc., unrelated to the UK Standard Contractual Clauses or their equivalent beforehand; (ii) the audits described in Clauses Clause 5(f) and Clause 12(2) of the UK Standard Contractual Clauses and in Clauses 8.9(c) and 8.9(d) of the EU Standard Contractual Clauses shall be performed in accordance with Paragraph 10 of this Data Processing Addendum10, and shall be subject to any relevant conditions, limitations or restrictions therein; (iii) any authorisations or approvals of current and future Subprocessors given to Crunchy Data pursuant to Paragraph 5 of this Data Processing Addendum constitutes will constitute Customer’s prior written consent to the subcontracting by Supplier Crunchy Data of the Processing of Customer Personal Data if and as such consent is required under Clause 5(h) of the UK Standard Contractual Clauses and Clause 9(a) of the EU Standard Contractual Clauses, in respect of which the parties are deemed to have selected Option 2; and (iv) certification of deletion of Customer Personal Data as described in Clause 12(1) of the UK Standard Contractual Clauses and Clauses 8.5 and 16(d), of the EU Standard Contractual Clauses shall be provided only upon Customer’s written request. This Annex 1 includes certain details of the Processing of Customer Personal Data: as required by Article 28(3) GDPR; and (where applicable in accordance with Paragraph 11) to populate Appendix 1 to the Standard Contractual Clauses.