Common use of Representations of the Customer Clause in Contracts

Representations of the Customer. 1. The Customer hereby represents that it has obtained and that it processesPersonal Data in accordance with applicable laws, including GDPR. The Customer confirms in particular that it has: (i) obtained and holds the legally required direct marketing consents, including consents to send commercial information by e-mail or telephone and to use telecommunications terminal equipment and automated phone call systems for direct marketing purposes –if the Customer carries out such activities, (ii) informed the data subjects about the processing of the data to the extent and in a manner required under the GDPR, (iii) has the right to process Personal Data and engage GetResponse for carrying out processing activities to the extent and for the purpose defined in Annex 1 hereto. Notwithstanding the foregoing, if the Customer is not the Personal Data controller, it confirms that it has received the permission of the respective controller as required under the GDPR to engage GetResponse for carrying out processing for the purpose and to the extent in question. 2. The Customer hereby confirms that the technical and organizational measures implemented by GetResponse and defined in Annex 2 are suitable and sufficient for the protection of the rights of data subjects, and the Customer considers GetResponse to be providing sufficient guarantees in this respect. 3. Notwithstanding the foregoing,the Customer shall use the Service in a safe manner and in accordance with the law, which includes properly securing the Customer account authentication data, ensuring the security of the Personal Data while providing them for the purpose of the Service, taking suitable actions to ensure secure encryption or creation of internal backup of the Personal Data entrusted to GetResponse and ensuring protection against unauthorized access.The Customer hereby acknowledges and accepts that in connection with the Service GetResponse uses cookies and other similar technologies to track user activity. The Customer undertakes to apply appropriate notices, obtain appropriate consents and have mechanisms for their withdrawal (opt-in and opt-out) required by law to enable GetResponse to use these technologies lawfully and collect data from the Contacts’ devices in accordance with Cookie Policy available at xxxxx://xxx.xxxxxxxxxxx.xxx/legal/cookie-policy.html and in a manner describer therein. 4. The Customer shall inform GetResponse without undue delay about any inspection performed by the Inspector General for the Protection of Personal Data (“IGPPD”), and from the moment of its appointment -President of the Personal Data Protection Authority ( “PPDPA” ) that is connected with the processing of the Personal Data entrusted to GetResponse and about any notice from the IGPPD or PPDPA requesting explanations regarding the same.

Representations of the Customer. 1. The Customer hereby represents that it has obtained and that it processesPersonal Data in accordance with applicable laws, including GDPR. The Customer confirms in particular that it has: (i) obtained and holds the legally required direct marketing consents, including consents to send commercial information by e-mail or telephone and to use telecommunications terminal equipment and automated phone call systems for direct marketing purposes –if the Customer carries out such activities, (ii) informed the data subjects about the processing of the data to the extent and in a manner required under the GDPR, (iii) has the right to process Personal Data and engage GetResponse for carrying out processing activities to the extent and for the purpose defined in Annex 1 hereto. Notwithstanding the foregoing, if the Customer is not the Personal Data controller, it confirms that it has received the permission of the respective controller as required under the GDPR to engage GetResponse for carrying out processing for the purpose and to the extent in question. 2. The Customer hereby confirms that the technical and organizational measures implemented by GetResponse and defined in Annex 2 are suitable and sufficient for the protection of the rights of data subjects, and the Customer considers GetResponse to be providing sufficient guarantees in this respect. 3. Notwithstanding the foregoing,the Customer shall use the Service in a safe manner and in accordance with the law, which includes properly securing the Customer account authentication data, ensuring the security of the Personal Data while providing them for the purpose of the Service, taking suitable actions to ensure secure encryption or creation of internal backup of the Personal Data entrusted to GetResponse and ensuring protection against unauthorized access.The Customer hereby acknowledges and accepts that in connection with the Service GetResponse uses cookies and other similar technologies to track user activity. The Customer undertakes to apply appropriate notices, obtain appropriate consents and have mechanisms for their withdrawal (opt-in and opt-out) required by law to enable GetResponse to use these technologies lawfully and collect data from the Contacts’ devices in accordance with Cookie Policy available at xxxxx://xxx.xxxxxxxxxxx.xxx/legal/cookie-policy.html and in a manner describer therein. 4. The Customer shall inform GetResponse without undue delay about any inspection performed by the Inspector General for the Protection of Personal Data (“IGPPD”), and from the moment of its appointment -President of the Personal Data Protection Authority ( “PPDPA” ”) that is connected with the processing of the Personal Data entrusted to GetResponse and about any notice from the IGPPD or PPDPA requesting explanations regarding the same.