Common use of Obligations of Licensor Clause in Contracts

Obligations of Licensor. 2.1 Licensor shall process the personal data and other operating data of Partner exclusively in accordance with Partner’s instructions and/or End User’s instructions relayed to Licensor by Partner which may include (without limitation) the correction, erasure and/or the blocking of such data. The personal data shall not be used by Licensor for any other purpose. Licensor shall not preserve such personal data longer than instructed by Partner. The statutory preservation periods remain unaffected. 2.2 For processing personal data, Licensor shall only use personnel which provably committed themselves to observe data secrecy and secrecy of telecommunications pursuant to sec 5 German Federal Data Protection Act [Bundesdatenschutzgesetz] and sec 88 German Act on Telecommunication [Telekommunikationsgesetz]. 2.3 Licensor shall implement all technical and organisational measures to comply with the requirements pursuant to sec 9 German Federal Data Protection Act. In particular, Licensor shall take and regularly check the following protection measures:  Physical access control: Licensor shall install an access control system.  Access control: Licensor shall control and log access to data processing systems.  Access limitation control: Licensor shall define, implement and monitor a concept for user rights, rules for passwords and login procedures.  Transmission control: Licensor shall ensure personal data transmission in encrypted form or by a secure alternative procedure. Transmissions must be logged and guidelines for personal data transmissions must be laid down in writing.  Input control: Licensor shall implement a detailed logging system for input, modification and deletion of personal data.  Job control: Licensor shall define in writing and establish control mechanisms to ensure that data are processed strictly in accordance with the instructions of the Provider.  Availability control. Licensor shall run a state of the art backup system and define a restore operation procedure to protect personal data from accidental destruction or loss.  Data separation: Licensor shall ensure by technical means and defined organisational procedures that personal data collected for different purposes (e.g. different Providers) can be processed separately. Technical means can be separated computer systems or demonstrably logical separation. Access by one Partner to the data of any other partner must be prevented. 2.4 If the security measures implemented by Licensor do not meet the legal requirements, Licensor shall notify Partner without delay. 2.5 Licensor shall notify Partner, if Licensor considers an instruction given by Partner to be in violation of data protection regulations. Licensor shall not be obliged to perform a comprehensive legal examination. 2.6 Licensor shall inform Partner immediately in case of serious disruptions of the operating process, suspected data protection violations or other irregularities in connection with the processing of Partner’s Data. 2.7 At Partner’s written request and at Partner’s expense, Licensor shall reasonably support Partner in dealing with requests from individual data subjects and/or a supervisory authority with respect to the processing of personal data controlled by Partner. Licensor shall notify Partner about inspections and measures of a supervisory or any other competent authority. 2.8 Upon expiry or termination of the Agreement, Licensor shall in accordance with the terms of the Agreement and Partner’s instructions, either (i) return to Partner or all personal data controlled by Partner and all of Partner’s media under Licensor's power of disposal and any copies or reproductions thereof; or (ii) erase and/or destroy such personal data and media and confirm the erasure and/or destruction to Partner in writing.

Obligations of Licensor. 2.1 Licensor shall process the personal data and other operating data of Partner exclusively in accordance with Partner’s instructions and/or End User’s instructions relayed to Licensor by Partner which may include (without limitation) the correction, erasure and/or the blocking of such data. The personal data shall not be used by Licensor for any other purpose. Licensor shall not preserve such personal data longer than instructed by Partner. The statutory preservation periods remain unaffected. 2.2 For processing personal data, Licensor shall only use personnel which provably demonstrably committed themselves to observe data secrecy and secrecy of telecommunications pursuant to applicable data protection laws, including without limitation, sec 5 German Federal Data Protection Act [Bundesdatenschutzgesetz] and sec 88 German Act on Telecommunication [Telekommunikationsgesetz]. Licensor may discharge this obligation by utilizing one standard template for all its customers. 2.3 Licensor shall implement all technical and organisational measures to comply with the requirements pursuant to applicable data protection laws, including sec 9 German Federal Data Protection Act. Licensor undertakes to Partner that it has taken and will, on a continuing basis, take appropriate technical and organizational measures to keep personal data secure and protect it against unauthorized or unlawful processing and accidental loss, destruction or damage. In particular, Licensor shall take and regularly check the following protection measures:  • Physical access control: Licensor shall install an access control system.  • Access control: Licensor shall control and log access to data processing systems.  • Access limitation control: Licensor shall define, implement and monitor a concept for user rights, rules for passwords and login procedures.  • Transmission control: Licensor shall ensure personal data transmission in encrypted form or by a secure alternative procedure. Transmissions must be logged and guidelines for personal data transmissions must be laid down in writing.  • Input control: Licensor shall implement a detailed logging system for input, modification and deletion of personal data.  • Job control: Licensor shall define in writing and establish control mechanisms to ensure that data are processed strictly in accordance with the instructions of the Provider.  • Availability control. Licensor shall run a state of the art backup system and define a restore operation procedure to protect personal data from accidental destruction or loss.  • Data separation: Licensor shall ensure by technical means and defined organisational procedures that personal data collected for different purposes (e.g. different Providers) can be processed separately. Technical means can be separated computer systems or demonstrably logical separation. Access by one Partner to the data of any other partner Partner must be prevented. 2.4 If the security measures implemented by Licensor do not meet the legal requirements, Licensor shall notify Partner without delay. 2.5 Licensor shall notify Partner, if Licensor considers an instruction given by Partner to be in violation of data protection regulations. Licensor shall not be obliged to perform a comprehensive legal examination. 2.6 Licensor shall inform Partner immediately in case of serious disruptions of the operating process, suspected data protection violations or other irregularities in connection with the processing of Partner’s Data. 2.7 At Partner’s written request and at Partner’s expense, Licensor shall reasonably support Partner in dealing with requests from individual data subjects and/or a supervisory authority with respect to the processing of personal data controlled by Partner. Licensor shall notify Partner about inspections and measures of a supervisory or any other competent authority. 2.8 Upon expiry or termination of the Agreement, Licensor shall in accordance with the terms of the Agreement and Partner’s instructions, either (i) return to Partner or all personal data controlled by Partner and all of Partner’s media under Licensor's power of disposal and any copies or reproductions thereof; or (ii) erase and/or destroy such personal data and media and confirm the erasure and/or destruction to Partner in writing.

Obligations of Licensor. 2.1 Licensor shall process the personal data and other operating data of Partner exclusively in accordance with Partner’s instructions and/or End User’s instructions relayed to Licensor by Partner which may include (without limitation) the correction, erasure and/or the blocking of such data. The personal data shall not be used by Licensor for any other purpose. Licensor shall not preserve such personal data longer than instructed by Partner. The statutory preservation periods remain unaffected. 2.2 For processing personal data, Licensor shall only use personnel which provably committed themselves to observe data secrecy and secrecy of telecommunications pursuant to sec 5 German Federal Data Protection Act [Bundesdatenschutzgesetz] and sec 88 German Act on Telecommunication [Telekommunikationsgesetz]. 2.3 Licensor shall implement all technical and organisational measures to comply with the requirements pursuant to sec 9 German Federal Data Protection Act. In particular, Licensor shall take and regularly check the following protection measures:  • Physical access control: Licensor shall install an access control system.  • Access control: Licensor shall control and log access to data processing systems.  • Access limitation control: Licensor shall define, implement and monitor a concept for user rights, rules for passwords and login procedures.  • Transmission control: Licensor shall ensure personal data transmission in encrypted form or by a secure alternative procedure. Transmissions must be logged and guidelines for personal data transmissions must be laid down in writing.  • Input control: Licensor shall implement a detailed logging system for input, modification and deletion of personal data.  • Job control: Licensor shall define in writing and establish control mechanisms to ensure that data are processed strictly in accordance with the instructions of the Provider.  • Availability control. Licensor shall run a state of the art backup system and define a restore operation procedure to protect personal data from accidental destruction or loss.  • Data separation: Licensor shall ensure by technical means and defined organisational procedures that personal data collected for different purposes (e.g. different Providers) can be processed separately. Technical means can be separated computer systems or demonstrably logical separation. Access by one Partner to the data of any other partner must be prevented. 2.4 If the security measures implemented by Licensor do not meet the legal requirements, Licensor shall notify Partner without delay. 2.5 Licensor shall notify Partner, if Licensor considers an instruction given by Partner to be in violation of data protection regulations. Licensor shall not be obliged to perform a comprehensive legal examination. 2.6 Licensor shall inform Partner immediately in case of serious disruptions of the operating process, suspected data protection violations or other irregularities in connection with the processing of Partner’s Data. 2.7 At Partner’s written request and at Partner’s expense, Licensor shall reasonably support Partner in dealing with requests from individual data subjects and/or a supervisory authority with respect to the processing of personal data controlled by Partner. Licensor shall notify Partner about inspections and measures of a supervisory or any other competent authority. 2.8 Upon expiry or termination of the Agreement, Licensor shall in accordance with the terms of the Agreement and Partner’s instructions, either (i) return to Partner or all personal data controlled by Partner and all of Partner’s media under Licensor's power of disposal and any copies or reproductions thereof; or (ii) erase and/or destroy such personal data and media and confirm the erasure and/or destruction to Partner in writing.

Obligations of Licensor. 2.1 Licensor shall process the personal data and other operating data of Partner exclusively in accordance with Partner’s instructions and/or End User’s instructions relayed to Licensor by Partner which may include in- clude (without limitation) the correction, erasure and/or the blocking of such data. The personal data shall not be used by Licensor for any other purpose. Licensor shall not preserve such personal data longer than instructed by Partner. The statutory preservation periods remain unaffected. 2.2 For processing personal data, Licensor shall only use personnel which provably demonstrably committed themselves them- selves to observe data secrecy and secrecy of telecommunications pursuant to applicable data protec- tion laws, including without limitation, sec 5 German Federal Data Protection Act [BundesdatenschutzgesetzBundesdatenschutz- gesetz] and sec 88 German Act on Telecommunication [Telekommunikationsgesetz]. Licensor may dis- charge this obligation by utilizing one standard template for all its customers. 2.3 Licensor shall implement all technical and organisational measures to comply with the requirements pursuant pur- suant to applicable data protection laws, including sec 9 German Federal Data Protection Act. Licensor undertakes to Partner that it has taken and will, on a continuing basis, take appropriate technical and or- ganizational measures to keep personal data secure and protect it against unauthorized or unlawful pro- cessing and accidental loss, destruction or damage. In particular, Licensor shall take and regularly check the following protection measures:  • Physical access control: Licensor shall install an access control system.  • Access control: Licensor shall control and log access to data processing systems.  • Access limitation control: Licensor shall define, implement and monitor a concept for user rights, rules for passwords and login procedures.  • Transmission control: Licensor shall ensure personal data transmission in encrypted form or by a secure alternative procedure. Transmissions must be logged and guidelines for personal data transmissions must be laid down in writing.  • Input control: Licensor shall implement a detailed logging system for input, modification and deletion of personal data.  • Job control: Licensor shall define in writing and establish control mechanisms to ensure that data are processed strictly in accordance with the instructions of the Provider.  • Availability control. Licensor shall run a state of the art backup system and define a restore operation procedure to protect personal data from accidental destruction or loss.  • Data separation: Licensor shall ensure by technical means and defined organisational procedures that personal data collected for different purposes (e.g. different Providers) can be processed separately. Technical means can be separated computer systems or demonstrably logical separation. Access by one Partner to the data of any other partner Partner must be prevented. 2.4 If the security measures implemented by Licensor do not meet the legal requirements, Licensor shall notify Partner without delay. 2.5 Licensor shall notify Partner, if Licensor considers an instruction given by Partner to be in violation of data protection regulations. Licensor shall not be obliged to perform a comprehensive legal examination. 2.6 Licensor shall inform Partner immediately in case of serious disruptions of the operating process, suspected sus- pected data protection violations or other irregularities in connection with the processing of Partner’s DataDa- ta. 2.7 At Partner’s written request and at Partner’s expense, Licensor shall reasonably support Partner in dealing deal- ing with requests from individual data subjects and/or a supervisory authority with respect to the processing pro- cessing of personal data controlled by Partner. Licensor shall notify Partner about inspections and measures of a supervisory or any other competent authority. 2.8 Upon expiry or termination of the Agreement, Licensor shall in accordance with the terms of the Agreement Agree- ment and Partner’s instructions, either (i) return to Partner or all personal data controlled by Partner and all of Partner’s media under Licensor's power of disposal and any copies or reproductions thereof; or (ii) erase and/or destroy such personal data and media and confirm the erasure and/or destruction to Partner Part- ner in writing.