Common use of User Data Clause in Contracts

User Data. 6.1 The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 6.2 virtualDCS shall, in providing the CloudCover Services, comply with its Data Privacy and Compliance Policy available from the login screen or such other website address as may be notified to the Customer from time to time, as such document may be amended from time to time by virtualDCS in its sole discretion. In the event of any serious loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for virtualDCS to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back- up of such Customer Data maintained by virtualDCS. virtualDCS shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by virtualDCS to perform services related to Customer Data maintenance and back-up). 6.3 If virtualDCS processes any personal data on the Customer's behalf when performing its obligations under this Agreement, the parties record their intention that the Customer shall be the data controller and virtualDCS shall be a data processor and in any such case: (a) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to virtualDCS so that virtualDCS may lawfully use, process and transfer the personal data in accordance with this Agreement on the Customer's behalf; (b) the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and (c) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.