CUSTOMER AND PERSONAL DATA Clause Samples

CUSTOMER AND PERSONAL DATA. 4.1. Customer Ownership Customer retains all rights in and related to the Customer Data. SAP may use Customer-provided trademarks solely to provide and support the Cloud Service.

CUSTOMER AND PERSONAL DATA. 1. Customer Data. Customer is responsible for the Customer Data and entering it into the Cloud Service. Customer grants to Qualtrics (including Qualtrics’ Affiliates and subcontractors) a nonexclusive right to process Customer Data solely to provide and support the Cloud Service.

CUSTOMER AND PERSONAL DATA. 8.1. In providing the Services under this Agreement, Customer understands and agrees that it is the data controller of Personal Data for the purposes of applicable laws. The term “data controller” means the party that controls the purposes and the means of the data processing of Personal Data, and includes the definitions given under the EU Directive 95/46/EC and other applicable laws. Customer shall comply with all applicable state, federal, international, and provincial laws, rules and regulations applicable to the Services and Personal Data provided under the Agreement.

CUSTOMER AND PERSONAL DATA. 7.1 The Customer shall own all rights, title, and interest in and to all of the Customer Data that is not Personal Data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of such Customer Data. 7.2 Elecosoft shall follow its backup procedures for Customer Data as described in Section 5 of Schedule 1. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy against Elecosoft shall be the use by Elecosoft of its reasonable endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by Elecosoft in accordance with the archiving procedure described in Section 5 of Schedule 1. Elecosoft 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 Elecosoft to perform services related to Customer Data maintenance and back-up, for which Elecosoft shall remain fully liable under Clause 7.6). 7.3 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 7 is in addition to and does not relieve, remove, or replace, a party's obligations or rights under the Data Protection Legislation. 7.4 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and Elecosoft is the processor. Schedule 3 sets out the scope, nature, and purpose of processing by Elecosoft, the duration of the processing and the types of Personal Data and categories of data subject. 7.5 Without limiting the generality of its obligations under Clause 7.3, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to Elecosoft for the duration and for the purposes specified in this Agreement. 7.6 Without limiting the generality of its obligations under Clause 7.3, Elecosoft shall, in relation to any Personal Data processed by it in connection with the performance of its obligations under this Agreement: 7.6.1 process that Personal Data only on the documented written instructions of the Customer except to the extent that Elecosoft is required by Data Protection Legislation or any other applicable law (Applicable Law) to process such Personal Data. Where Elecosoft is relying on the requirements of Applicable Law as the basis for processing Personal Data, Elecosoft shall promptly notify t...

CUSTOMER AND PERSONAL DATA. 5.1 You, not Field Dynamics, have sole responsibility for the entry, deletion, correction, accuracy, quality, integrity, legality, reliability, appropriateness, and right to use the Customer Data. Field Dynamics is not responsible for any of the foregoing or for any destruction, damage, loss, or failure to store any Customer Data beyond its reasonable control or resulting from any failure in data transmission or operation during the service provided to you by us. 5.2 You represent and warrant that you have and will maintain all necessary licences, consents, and permissions necessary to provide the Customer Data and Customer Personal Data to Field 5.3 If Field Dynamics processes any Customer Data and Customer Personal Data on your behalf when performing its obligations under this Agreement, the Parties acknowledge that you shall be the Data Controller and Field Dynamics shall be a Data Processor and in any such case: 5.3.1 you shall ensure that you are entitled to transfer the relevant Customer Data and Customer Personal Data to Tableau and/or Field Dynamics so that they may lawfully use, process and transfer the Customer Data and Customer Personal Data in accordance with this Agreement on your behalf 5.3.2 you 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 Laws;

CUSTOMER AND PERSONAL DATA. 5.1 Customer is solely responsible for providing and ensuring the accuracy of all Customer Data required for the proper operation of the Service. Customer will collect and maintain all personal data contained in the Customer Data in compliance with applicable data privacy and protection laws. When registering on behalf of a company or other legal entity, the Customer agrees to: (a) provide true, accurate, current and complete registration data, and (b) maintain and promptly update the

CUSTOMER AND PERSONAL DATA. Information you provide to us (excluding Customer Data)

CUSTOMER AND PERSONAL DATA. Auto+ Performance may monitor the use of the Services by all of its customers and use data related to such use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of Auto+ Performance’s Products and Services. Customer agrees that Auto+ Performance may use, sell and publish such information, provided that such information does not incorporate any Customer Data and/or identify Customer. Auto+ Performance may collect, use, process, store, and share certain customer data (like name and address) in connection with providing the Product or Service. Any such collection, use, processing, storing, or sharing is subject to the terms and conditions of Auto+ Performance’s Privacy Policy (▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇-▇▇▇▇▇▇) which is hereby incorporated into this Agreement by reference. Customer agrees that customer data may be collected and used by Auto+ Performance in connection with the Subscription Service and Non-Subscription Services, and Customer hereby consents to such use and collection. Customer will indemnify, defend and hold Auto+ Performance harmless, at its expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against Auto+ Performance (and its officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with Auto+ Performance to the extent that such Action is based upon or arises out of (a) Customer’s use of any of the Products or Services; (b) Customer’s noncompliance with or breach of this Agreement, (c) Customer’s use of Third-Party Products, (d) the unauthorized use of the Subscription Service or Non-Subscription Services by any other person using Customer’s User information, or (e) Customer’s unauthorized use, collection, storage, processing, or disclosure of Personal Data. Auto+ Performance shall use commercially reasonable efforts to: notify Customer in writing within thirty (30) days of Auto+ Performance becoming aware of any such claim; give Customer sole control of the defense or settlement of such a claim (provided that Customer may not settle any such claim unless the settlement unconditionally releases Auto+ Performance of all liability); and provide Customer (at Customer’s expense) with any and all information and assistance reasonably requested by Customer to handle the defense or settlement of the claim. Customer shall not accept any settlement that ...

CUSTOMER AND PERSONAL DATA. 5.1 Customer Data: Customer is solely responsible for: (a) entering Customer Data into the Solution and for the content of the Customer Data supplied or generated through the use of the Solution; (b) determining the suitability of the Solution for Customers business; and (c) complying with any regulations, laws, or conventions applicable to the Customer Data and Customer’s use of the Solution(s). 5.2 Personal Data: Customer warrants that: (a) it has collected and will maintain and handle all Personal Data contained in Customer Data in compliance with all applicable Privacy Laws;