Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix. 7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7. 7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect. 7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that: (a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and (b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to: (i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and (ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix. 7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 19 contracts
Samples: Master Subscription Agreement (Msa), Master Subscription Agreement (Msa), Master Subscription Agreement (Msa)
Sub-processors. 7.1 bookinglab Field Dynamics shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Field Dynamics engaging Sub-Processors to process the Data provided that: (i) bookinglab Field Dynamics provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Field Dynamics complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabField Dynamics’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx www.field- xxxxxxxx.xx.xx/xxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Field Dynamics in writing of its refusal to consent to bookinglabField Dynamics’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Field Dynamics will not appoint the Sub-Processor; or (ii) if bookinglab Field Dynamics does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Field Dynamics shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Field Dynamics appoints a Sub-Processor, bookinglab Field Dynamics shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabField Dynamics's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Field Dynamics or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Field Dynamics under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Field Dynamics is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
Appears in 6 contracts
Samples: Licensed End User Agreement, Licensed End User Agreement, End User License Agreement
Sub-processors. 7.1 bookinglab Field Dynamics shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Field Dynamics engaging Sub-Processors to process the Data provided that: (i) bookinglab Field Dynamics provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab Field Dynamics complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabField Dynamics’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx www.field- xxxxxxxx.xx.xx/xxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Field Dynamics in writing of its refusal to consent to bookinglabField Dynamics’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Field Dynamics will not appoint the Sub-Processor; or (ii) if bookinglab Field Dynamics does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Field Dynamics shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Field Dynamics appoints a Sub-Processor, bookinglab Field Dynamics shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabField Dynamics's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Field Dynamics or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Field Dynamics under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Field Dynamics is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 4 contracts
Samples: Subscription Agreement, End User License Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the The Customer Personal Data generally authorizes Bold Commerce to any appoint (and to permit each Sub-Processor except as authorised by the Customer appointed in accordance with this paragraph 7. The Customer consents Section 7 to bookinglab engaging appoint) Sub-Processors as may be required to process administer and provide the Data provided that: Bold Commerce Services, in accordance with this Section 7 and any restrictions in the Services Agreement. An up-to-date list of vendors (iincluding Sub-Processors) bookinglab provides used by Bold Commerce is available on Bold Commerce’s website.
7.2 Bold Commerce may continue to use those Sub-Processors already engaged by Bold Commerce as at least 30 days' the date of this Addendum, subject to Bold Commerce in each case meeting the obligations set out in Section 7.4.
7.3 Bold Commerce shall give the Customer prior written notice of the addition appointment of any subcontractor (new Sub- Processor, including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents Processing to bookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing undertaken by the Sub-Processor, requiring . If the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects does not object to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a new Sub-Processor within 14 days of the notice described in this clause, the Customer shall be deemed to consent to the appointment of the new Sub-Processor, bookinglab is responsible and liable . If the Customer objects (on reasonable grounds) to the Customer for any processing by appointment of a new Sub- Processor within 14 days of the notice, the Parties shall cooperate in good faith to determine whether it is commercially and technically practicable to accommodate the Customer’s objection to the new Sub-Processor in relation to the provision of the services to the Customer. Where such accommodation is determined to be not practicable (in the sole discretion of and as notified in writing by Bold Commerce), the Customer may terminate, on 90 days’ prior written notice, that part of the services under the Services Agreement which would involve the new Sub-Processor.
7.4 Bold Commerce shall contractually require each Sub-Processor to perform substantially the same obligations as imposed upon Bold Commerce with respect to the Processing of Personal Data pursuant to this Addendum, as they apply to Processing Personal Data provided by the Customer carried out by that Sub-Processor. Bold Commerce acknowledges and agrees that it shall remain liable to Customer for a breach of the terms of this AppendixAddendum by a Sub-Processor.
7.5 The Customer acknowledges and agrees that certain third parties which provide payment services in connection with the services to be provided by Bold Commerce pursuant to the Service Agreement act as Controllers and not as Sub-Processors of Bold Commerce. The Customer agrees and acknowledges that any transfer of Personal Data by Bold Commerce (or through Bold Commerce’s services) to such third party acting in such capacity is at the instruction of the Customer (or its customers) when the Customer (or its customers) use such payment services on Bold Commerce Services.
Appears in 3 contracts
Samples: Data Processing Addendum, Data Processing Addendum, Data Processing Addendum
Sub-processors. 7.1 bookinglab shall not subcontract any processing of 8.1. Keeper is given general authorization to engage third-parties to process the Customer Personal Data to (“Sub- Processors”) without obtaining any further written, specific authorization from the Customer. Keeper shall complete a written sub-processor agreement with any Sub-Processor except Processor. Such an agreement shall at a minimum provide the same data protection obligations as authorised by the Customer ones applicable to Keeper, including the obligations under this Addendum. Keeper shall, on an ongoing basis, monitor and control its Sub- Processors’ compliance with the applicable Data Protection Law, and documentation of such monitoring and control shall be provided to the Customer, if requested in accordance with this paragraph 7writing.
8.2. The Customer consents to bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“If Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendixperforms the agreed services outside the EU/EEA, the Keeper shall ensure their admissibility under data protection law by taking appropriate measures.
7.2 The Customer hereby consents to bookinglab’s use 8.3. At the time of entering into this Agreement, Keeper is using the Sub-Processors listed in sub-appendix B. Keeper shall notify Customer of any new Sub-Processors, which notice may be given by posting details of such addition to the sub-processors list available at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any xxxxx://xxx.xxxxxxxxxxxxxx.xxx/GDPR.html or by e- mail (where Customer has requested to receive notice by sending an email to xxxx@xxxxxxxxxxxxxx.xxx within ten (10) days of executing this Addendum ) no less than ten (10) business days before authorizing such Sub-Processor is added or removed to Process Personal Data in accordance connection with this paragraph 7the provision of the Services.
7.3 If within 30 days of receipt 8.4. Customer may, in good faith, reasonably object to Keeper’s use of a new Sub-Processor Notice by providing written notice to Processor by e-mail at xxxx@xxxxxxxxxxxxxx.xxx within ten (10) business days of receiving notification from Customer of a potential new Sub-Processor. Such written notice shall include, at a minimum, Customer’s good faith, reasonable grounds for the objection. Keeper shall use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s use of the Services to avoid processing of Personal Data by the challenged Sub-Processor. The absence of any objections from the Customer notifies bookinglab in writing of its refusal to within ten (10) business days shall be deemed consent to bookinglab’s appointment of the relevant Sub-Processor.
8.5. In the event the Customer objects to a new Sub-Processor on reasonable grounds relating to and Keeper cannot accommodate the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-ProcessorCustomer’s objection, the Customer may elect to terminate the Agreement Services with respect only to the Services that cannot be provided by Keeper without penalty or cost to either party save that any portion the use of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the challenged new Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed Processors by providing written notice to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effectKeeper.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab 8.6. Keeper is responsible and liable accountable to the Customer for any processing by the Sub-Processor in breach of this Appendixthe same way as for its own actions and omissions.
Appears in 3 contracts
Samples: Data Processing Addendum, Data Processing Addendum, Data Processing Addendum
Sub-processors. 7.1 bookinglab Bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab Bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabBookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Bookinglab in writing of its refusal to consent to bookinglabBookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab Bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Bookinglab appoints a Sub-Processor, bookinglab Bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabBookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing 4.1. Bambuser may only engage sub-processors for Processing of the Customer Personal Data to any Sub-Processor except as authorised by under the Customer Agreement in accordance with the below. Customer acknowledges that appointment of sub-processors (as well as appointment of new sub-processors from time to time), is necessary in order for Bambuser to perform its services under the Agreement. Bambuser is responsible for ensuring that all Processing of Personal Data performed by a sub-processor is governed by a written agreement with the sub- processor that corresponds to the requirements of this paragraph 7DPA and applicable Data Protection Laws, including but not limited to Article 28 of the GDPR. Subject to and considering the above, Customer (also on behalf of other Controllers, where applicable) hereby gives its general written consent and mandate (also for the purpose of the Standard Contractual Clauses, as applicable) to Bambuser to use sub-processors, and for the sub-processors to use sub-processors, in respect of: i) Affiliates, ii) other sub-processors used in Bambuser’s regular business and service delivery; and iii) otherwise any sub-processor of Bambuser. Bambuser will maintain a list of its permitted sub-processors; such list may be updated from time to time and Bambuser will notify Customer in the event Bambuser adds a sub-processor to the list with thirty (30) days prior written notice. Customer shall have the right to object to the use of a sub-processor by written notice to Bambuser, such objection to be made in good faith and based on justifiable grounds, without undue delay from the time Customer was notified of the use of such sub-processor. The Parties will in good faith discuss possible activities to mitigate the risks raised in such objection from Customer. Customer consents acknowledges and accepts that its objection to bookinglab engaging Suba sub-Processors processor may adversely affect Bambuser’s ability to process perform the Data provided that: (i) bookinglab provides at least 30 days' prior notice of services under the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which Agreement, therefore Bambuser shall be maintained and updated when any Subentitled to use such sub-Processor is added or removed processor despite Customer’s objection as removal of such sub-processor would affect all Bambuser’s customers. In the event the Parties are not able to reach an agreement in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Subrelation to such sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Dataprocessor, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost with immediate effect. Unless otherwise agreed in writing by Bambuser, Bambuser is under no obligation to either party save that refund any portion of the fees paid payments made in advance in respect of Services not yet delivered as at for services under the Agreement. The sub-processors engaged by Bambuser on the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor Agreement are set out in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effectAppendix 1.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
Sub-processors. 7.1 bookinglab BookingLab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab BookingLab engaging Sub-Processors to process the Data provided that: (i) bookinglab BookingLab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab BookingLab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabBookingLab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab BookingLab in writing of its refusal to consent to bookinglabBookingLab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab BookingLab will not appoint the Sub-Processor; or (ii) if bookinglab BookingLab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab BookingLab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab BookingLab appoints a Sub-Processor, bookinglab BookingLab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabBookingLab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab BookingLab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab BookingLab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab BookingLab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 2 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 79.1. The Customer consents hereby gives general advance consent to bookinglab engaging Dokobit to engage Sub-Processors which will process Customer Data on behalf of Dokobit according to process the scope and purposes specified in this Data provided thatProcessing Agreement. Dokobit shall engage only those Sub-Processors which will ensure the following: (i) bookinglab provides implementation of appropriate technical and organisational measures; (ii) data processing in compliance with GDPR requirements; and (iii) protection of the rights of the data subject.
9.2. Dokobit shall ensure that a written agreement has been concluded with Sub-Processors engaged under which Sub-Processors shall undertake to comply with responsibilities of the data processor established in this Data Processing Agreement at least 30 days' prior notice to the extent applicable to Dokobit. Dokobit shall be liable against the Customer for the performance of obligations of Sub-Processors engaged.
9.3. Up-to-date list of engaged Sub-Processors will be published by Dokobit on the addition of any subcontractor (including details of Compliance Website. Dokobit shall notify the processing it performs Customer about its plans to replace or will perform) (“engage a new Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendixby making such information available on the Compliance Website no later than 14 days prior to the planned event.
7.2 The 9.4. If the Customer hereby consents to bookinglab’s use continues using the Services following the replacement or involvement of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any a new Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days and notification of receipt of a Sub-Processor Notice the Customer notifies bookinglab under the procedure provided for in writing Item 9.3 of its refusal this Data Processing Agreement, it shall be considered that the Customer agreed to consent to bookinglab’s appointment such actions of a Sub-Processor on reasonable grounds relating to Dokobit. If the protection Customer disagrees with such replacement or involvement of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect shall have the right to unilaterally, under out-of-court procedure, terminate this Data Processing Agreement and the Agreement without penalty or cost to either party save that any portion Terms of Service. In this case, the termination of the fees paid in advance in respect of Services agreements will be the only measure that can be applied by the Customer and Dokobit will not yet delivered as at the effective date of termination shall be refunded obliged to compensate damages to the Customer.
9.5. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated withdraws its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed general consent to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a engage Sub-Processor, bookinglab Dokobit shall ensure that:
(a) have the right to unilaterally, under out-of-court procedure, terminate the Terms of Service, and such Sub-Processor termination shall only process Customer Personal Data in order be considered to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible have been made for important reasons and liable to the Customer for shall be deemed not to have suffered any processing by the Sub-Processor in breach of this Appendixdamage due to such termination.
Appears in 1 contract
Samples: Data Processing Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's ’s obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 1 contract
Samples: Master Subscription Agreement
Sub-processors. 7.1 bookinglab Miso shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Miso engaging Sub-Processors to process the Data provided that: (i) bookinglab Miso provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab Miso complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabMiso’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx xxx.xxxxxxxxxx.xxx/xxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Miso in writing of its refusal to consent to bookinglabXxxx’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Miso will not appoint the Sub-Processor; or (ii) if bookinglab Miso does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Miso shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Miso appoints a Sub-Processor, bookinglab Miso shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabMiso's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Miso or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Miso under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Miso is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
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Samples: Licensed End User Agreement
Sub-processors. 7.1 bookinglab Miso shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Miso engaging Sub-Processors to process the Data provided that: (i) bookinglab Miso provides at least 30 days' prior notice of the addition of any subcontractor (including details of the ofthe processing it performs or will orwill perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Miso complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabMiso’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx xxx.xxxxxxxxxx.xxx/xxxxx which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Miso in writing of its refusal to consent to bookinglabXxxx’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Miso will not appoint the Sub-Processor; or (ii) if bookinglab Miso does appoint the Sub-Processor, the Customer may elect to terminate the toterminatethe Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the thenthe Customer is deemed to have given its consent and bookinglab Miso shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Miso appoints a Sub-Processor, bookinglab Miso shall ensure that:
(a) such Sub-Processor shall only process Customer onlyprocess Personal Data in Datain order to perform toperform one or more ormore of bookinglabMiso's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Miso or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Miso under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Xxxx is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
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Sub-processors. 7.1 bookinglab shall not subcontract any processing of 6.1 The Controller acknowledges and agrees that the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging may engage Sub-Processors to process in connection with the Data provided that: (i) bookinglab provides at least 30 days' prior notice provision of the addition of any subcontractor (including details Services and/or Software under the Agreement.
6.2 All Sub-Processors who process Personal Data in the provision of the processing it performs Services or will perform) (“Sub-Software to the Controller shall comply with the obligations of the Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of set forth in this AppendixDPA.
7.2 6.3 The Customer Controller hereby consents authorizes the Processor to bookinglab’s use of the Sub-Processors listed at xxx.xxxxxxxxxx.xx.xx/xxxxxx which on Exhibit C (Annex III) to process Personal Data on behalf of the Controller. If Processor makes any changes to Exhibit C, it will post a notice of such changes here: xxxxx://xxxxxxxxx.xxx/security/data-processing-sub-processors/ (“List of Sub-Processors”). The Controller acknowledges its duty to periodically review the List of Sub-Processors during the Term and before any Renewal Term.
6.4 If there are any changes to the List of Sub-Processors, Customer shall be maintained deemed to accept the new or replacement Sub-Processor(s) upon any renewal or extension of the Agreement. If Customer does not agree to any such changes, it must not renew or extend the Agreement. If Customer renews or extends the Agreement, this shall be deemed acceptance and updated when authorization of the then-current List of Sub-Processors.
6.5 If Customer objects to changes made to the List of Sub-Processors, (a) Customer shall cease all use of the Services, (b) SigParser may terminate the Agreement, and (c) SigParser may, in its discretion on a pro rata basis, refund any prepaid fees covering the remainder of the Term. No termination of Services pursuant to this section shall constitute a breach of the Agreement.
6.6 All Sub-Processors shall comply with the obligations of the Processor set forth in this DPA. Before any Sub-Processor is added or removed processes Personal Data, the Processor shall (a) appoint each Sub-Processor under a written contract containing materially the same obligations to those of the Processor in this DPA enforceable by the Processor; and (b) ensure each such Sub-Processor complies with all such obligations.
6.7 The Controller agrees that the Processor and its Sub-Processors may make Restricted Transfers of Personal Data for the purpose of providing the Services to the Controller in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a the Agreement. The Processor confirms that such Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then eitherProcessors: (ia) bookinglab will not appoint are located in a third country or territory recognized by the Sub-EU Commission or a Supervisory Authority to have an adequate level of protection; or (b) have entered into the applicable SCCs with the Processor; or (iic) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only recognized appropriate safeguards in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendixplace.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 1 contract
Samples: Data Processing Addendum