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.