Independent Controllers. 18.24.1 Where the Parties are acting as Independent Controllers as identified in Annex 1 – Protection of Personal Data to Schedule 1 (Specification) each Party shall:
a) comply with its obligations under Data Protection Legislation;
b) be responsible for dealing with and responding to Data Subject Requests, enquiries or complaints (including any request by a data subject to exercise their rights under Data Protection Legislation) it receives, unless otherwise agreed between the Parties;
c) promptly notify the other Party in writing of each Security Incident of which it becomes aware relating to the Personal Data to the extent the Security Incident is likely to affect the other Party; and
d) warrant that it is not subject to any restriction which would prevent or restrict it from disclosing or transferring Personal Data to the other Party in accordance with the terms of the Contract.
18.24.2 Without prejudice to sub-Clause 18.24.1a), each Party (the disclosing party) agrees that if it provides Personal Data to the other Party (the receiving party), it shall ensure that it has provided all necessary information to, and obtained all necessary consents from, the data subjects of the Personal Data, in each case to enable the disclosing party to disclose the Personal Data to the receiving party and for the receiving party to use that Personal Data for the Permitted Purposes, in each case in accordance with Data Protection Legislation.
18.24.3 In relation to the Personal Data it receives from the disclosing party, each Party shall:
a) at all times process the Personal Data in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organisational measures; and
b) ensure that, at a minimum, the measures required under sub- Clause18.24.3 a) meet the standard required by Data Protection Legislation.
18.24.4 If there is still also a controller-to-processor relationship under the Contract or any Contract Order, Clauses 18.1 to 18.22 shall apply to that relationship.
Independent Controllers. Each party:
(a) is an independent controller of Controller Personal Data under the Data Protection Legislation;
(b) will individually determine the purposes and means of its processing of Controller Personal Data; and
(c) will comply with the obligations applicable to it under the Data Protection Legislation regarding the processing of Controller Personal Data.
Independent Controllers. The parties acknowledge that in respect of the Shared Personal Data that is processed pursuant to the terms of this Agreement, each party acts in the capacity of an independent controller and at no point does Sage or ISV Partner intend to act in the capacity of a data processor on behalf of the other or as joint data controllers.
Independent Controllers. (a) To the extent that the Servicer processes Personal Data, each party agrees that, for the purposes of compliance with Data Protection Laws, each party is an independent controller and, independently of the other party, determines the purposes for which and the manner in which any Personal Data it is in receipt of (if applicable) is, or is to be, processed.
(b) The Servicer shall, to the extent permitted by Data Protection Laws, deal promptly and in good faith with all reasonable and relevant enquiries from the Controller Party relating to its processing of the Personal Data.
Independent Controllers. For purposes of Applicable Data Protection Law, each party is an independent Controller of the Controller Personal Data that it collects or Processes pursuant to the Agreement. Each party shall be individually and separately responsible for complying with the obligations that apply to it as a Controller under Applicable Data Protection Law. The parties agree that they are not joint Controllers of any Controller personal data. Each party will individually determine the
Independent Controllers. Subject to Section 4.3 (End Controllers), each party:
Independent Controllers. The Parties agree that in connection with the Processing of Personal Data for the Controller Services, each Party is an independent Controller and no joint control relationship between the Parties arises. Where either Party Processes Personal Data in the context of the Controller Services, the Parties shall comply with the Controller to Controller terms set out in Section 2.2.
Independent Controllers. Each Party:
(a) is an independent controller of Personal Data under the Data Protection Laws;
(b) as required under the Data Protection Laws, maintain accurate written records of all the processing activities conducted by that Party in relation to any Personal Data for the purposes of performing its respective obligations under the Main Agreement;
(c) will individually determine the purposes and means of its processing of Personal Data;
(d) will be responsible to ensure that any Personal Data collected and processed by such Party is accurate and remains accurate for the duration of its processing;
(e) will comply with the obligations applicable to it under the Data Protection Laws with respect to the processing of Personal Data;
(f) will be responsible to exercise and respond to any requests by data subjects to exercise their rights under Data Protection Law, including (but not limited to) Articles 15-22 of the GDPR (“Data Subject Rights”), and shall provide reasonable cooperation and assistance to the other Party in connection with exercising Data Subject Rights;
(g) will promptly notify the other Party of any circumstances in which such Party is unable or becomes unable to comply with this DPA or Data Protection Laws, or any actual or potential changes to Data Protection Laws, if this shall affect the other Party’s ability to comply with its obligations under this DPA or Data Protection Laws.
Independent Controllers. Subject to Section 4.3 (End Controllers), each pa.y:
(a) is an independent controller of Controller Personal Data under the European Data Protection Legislation;
(b) will individually determine the purposes and means of its processing of Controller Personal Data; and
(c) will comply with the obligations applicable to it under the European Data Protection Legislation regarding the processing of Controller Personal Data.
Independent Controllers. 2.1 The Parties acknowledge and agree that each Party shall act as an independent Controller with respect to any Personal Data collected or processed in connection with the Services. The Parties understand and agree that they (a) are acting, and shall act, independently of one another in their respective processing of such Personal Data, and are not and shall not be ‘joint controllers’ of such Personal Data within the meaning of Article 26(1) of the GDPR; (b) shall provide reasonable cooperation and assistance to the other Party as necessary for the other Party’s compliance with Applicable Laws (at the other Party’s reasonable expense) with respect to such Personal Data; and (c) shall be bound by the Standard Contractual Clauses with respect to any Restricted Transfers of such Personal Data that are made between them. Each Party will be responsible for its compliance with Applicable Laws.
2.2 Without limiting the foregoing, each Controller agrees to the following: GDSVF&H\7696544.2
2.2.1 Each Controller shall maintain a publicly-accessible privacy policy on its mobile applications and websites that satisfies all applicable transparency and notice requirements as required by Applicable Laws with respect to Processing of Personal Data, and shall delete or destroy all Personal Data upon the conclusion of its purpose for Processing such Personal Data.
2.2.2 In the event that either Controller receives a request from a Data Subject relating to the Processing of such Data Subject’s Personal Data by the other Controller, the Controller receiving such request will (a) promptly notify the other Controller of such request, (b) direct the Data Subject to such other Controller in order to enable such other Controller to respond directly to the Data Subject’s request, and (c) reasonably cooperate with such other Controller in responding to such request. Without limiting the foregoing, Client agrees that it will promptly (and in any event within five (5) business days) notify Shapeways of any Data Subject request pursuant to Article 16 (Right to rectification), Article 17 (Right to erasure), or Article 18 (Right to restriction of processing) of the GDPR that relates in any way to the Personal Data.
2.2.3 Each Controller shall implement appropriate technical and organizational measures to protect the Personal Data, including, without limitation, the measures described in Exhibit B In the event that either Controller suffers a Personal Data Breach, such Controller shall n...
