Common use of Customer as Controller Clause in Contracts

Customer as Controller. Customer represents that it is the sole controller of the personal data for the purposes of the GDPR and applicable data protection laws and has all necessary rights, and has obtain all necessary consents to use the personal data with the Accellion Solution. Customer has the right to give instructions regarding the nature, scope and process of personal data pursuant to express terms in the GDPR. Accellion will comply and maintain records for all such instructions to the extent necessary for Accellion to: (i) comply with its processor obligations under the GDPR and applicable law; or (ii) assist Customer to comply with Customer’s obligations as a controller under the GDPR or applicable law relevant to Customer’s use of the Accellion Solution. Customer represents and warrants that is responsible for the lawfulness of the processing of the personal data using the Accellion Solution and Customer agrees that it will not use the Accellion Solution in conjunction with personal data to the extent that doing so would violate the GDPR or applicable data protection laws. Customer further represents and warrants that personal data used with the Accellion Solution will not subject Accellion to any obligations beyond those set forth in the Agreement, the DPA or any other written agreement between the parties.

Customer as Controller. Customer represents that it is the sole controller of the personal data for the purposes of the GDPR and applicable data protection laws and has all necessary rights, and has obtain all necessary consents to use the personal data with the Accellion Filemail Solution. Customer has the right to give instructions regarding the nature, scope and process of personal data pursuant to express terms in the GDPR. Accellion Filemail will comply and maintain records for all such instructions to the extent necessary for Accellion Filemail to: (i) comply with its processor obligations under the GDPR and applicable law; or (ii) assist Customer to comply with Customer’s obligations as a controller under the GDPR or applicable law relevant to Customer’s use of the Accellion Filemail Solution. Customer represents and warrants that it is responsible for the lawfulness of the processing of the personal data using the Accellion Filemail Solution and Customer agrees that it will not use the Accellion Filemail Solution in conjunction with personal data to the extent that doing so would violate the GDPR or applicable data protection laws. Customer further represents and warrants that personal data used with the Accellion Filemail Solution will not subject Accellion Filemail to any obligations beyond those set forth in the Agreement, the DPA or any other written agreement between the parties.