CUSTOMER DATA AND PERSONAL DATA Clause Samples

The 'Customer Data and Personal Data' clause defines how customer-provided information, including personal data, is handled, processed, and protected under the agreement. It typically outlines the responsibilities of each party regarding data security, confidentiality, and compliance with relevant data protection laws such as GDPR or CCPA. For example, it may specify that the service provider must implement appropriate safeguards and only use the data for agreed purposes. This clause is essential for ensuring that sensitive information is managed responsibly and legally, thereby protecting both parties from data breaches and regulatory violations.
CUSTOMER DATA AND PERSONAL DATA. 3.1. The Customer shall (i) own all right, title and interest in and to all of the Customer Data and
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CUSTOMER DATA AND PERSONAL DATA. 9.1. In this paragraph 9 “controller”, “processor”, “data subject”, and to “process” have the meanings given to them in the European Union Regulation 2016/679. 9.2. From time to time Customer may, at its discretion, provide Customer Data to D&B. Where Customer Data is provided to enable D&B to fulfill its obligations under an applicable Order, Customer grants D&B a limited non-exclusive revocable royalty free licence to use such Customer Data solely for the purpose(s) specified in an applicable Order. Where Customer Data is provided to D&B for the additional purpose of validating and/or enhancing D&B’s business information services, ("Validation Purposes"), Customer grants D&B a non- exclusive royalty free licence to use Customer Data for that purpose (D&B will not disclose the origin of Customer Data unless required by law). 9.3. Customer represents and warrants that (i) it has all necessary legal rights, title, consents and authority to provide Customer Data to D&B and (ii) any Customer Data which consists of or includes Personal Data about the financial standing of individuals has been obtained on terms that include a clear and prominent notice to its clients explaining that: (1) Customer may provide information about its clients’ accounts and identity to credit reference agencies and that such clients’ expressly consent to this; and (2) the credit reference agency may retain and use such information in conjunction with other information that it obtains in credit reference services that it provides to its other clients. 9.4. Customer is the controller and D&B is the processor with regard to any Personal Data supplied within Customer Data with the exception of the situation described in paragraph 9.2 above where D&B uses Customer Data for Validation Purposes in which case D&B will act as controller. 9.5. Where Customer Data includes Personal Data, D&B will process such Personal Data in accordance with the D&B EU Data Processing Agreement. which is incorporated herein. 9.6. In case of conflict between this MA, the D&B EU Data Processing Agreement and any Order the D&B EU Data Processing Agreement shall prevail in relation to D&B’s processing of Customer Data.
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CUSTOMER DATA AND PERSONAL DATA. JCI’s collection, processing, and use of Customer Data (as defined in the TOS) is governed by the terms and conditions of the TOS, and the terms of the data processing addendum available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇ (the “DPA”) shall apply to the extent Customer Data includes Personal Data (as defined in the DPA). Customer consents to the processing of Personal Data by JCI and its Representatives to facilitate the subject matter of the Agreement. Customer may choose to provide Personal Data to JCI on behalf of third parties (including Customer’s contacts, resellers, distributors, administrators, and employees) as part of the Agreement. Customer shall obtain all required consents from third parties under applicable privacy and data protection Law before providing Personal Data to JCI. Personal Data collected through JCI Work may be transferred, stored and processed in the United States or any other country in which JCI or its Representatives maintain facilities.
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CUSTOMER DATA AND PERSONAL DATA. 19.1 You are solely responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 19.2 In the remainder of this clause controller, processor, date subject, personal data, personal data breach, processing and appropriate technical measures shall have the meaning given in the Data Protection Legislation. 19.3 Both we and you agree to comply with our obligations under Data Protection Legislation and maintain all relevant registrations. You shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of the Contract. 19.4 If and to the extent that we process personal data in the capacity of a data processor in the course of performing the Contract, we will: (a) process that personal data only on the terms of the Contract and any additional written instructions issued by you, unless we are required by applicable laws to otherwise process that personal data; (b) ensure that all of our personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (c) not transfer any personal data outside of the UK unless the transfer is in accordance with the Data Protection Legislation; (d) assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (e) notify you without undue delay on becoming aware of a personal data breach; (f) following your written direction, delete or return personal data and copies thereof to you on termination of the Contract unless required by applicable law to store the personal data; (g) maintain complete and accurate records and information to demonstrate our compliance with this clause 19.4; and (h) allow for audits by you or your designated auditor on not less than 3 weeks’ prior written notice and during our normal business hours, solely for the purpose of your verification of our compliance with this clause 19.4. 19.5 If and to the extent that each party will act an independent controller of personal data in connection with its sharing of personal data pursuant to this Agreement, each party shall: (a) ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the personal data to t...
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CUSTOMER DATA AND PERSONAL DATA. 9.1. In this section “data controller”, “data processor”, “data subject”, “personal data” and to “process” have the meanings given to them in the Directive 95/46/EC (Data Protection). 9.2. From time to time Customer may, at its discretion, provide Customer Data to D&B. Where Customer Data is provided to enable D&B to fulfill its obligations under an applicable Order, Customer grants D&B a limited non-exclusive revocable royalty free licence to use such Customer Data solely for the purpose(s) specified in an applicable Order. Where Customer Data is provided to D&B for the additional purpose of validating and/or enhancing D&B’s business information services, Customer grants D&B a non-exclusive royalty free licence to use Customer Data for that purpose (D&B will not disclose the origin of Customer Data unless required by law). 9.3. Customer represents and warrants that (i) it has all necessary legal rights, title, consents and authority to provide Customer Data to D&B and (ii) any Customer Data which consists of or includes personal data about the financial standing of individuals has been obtained on terms that include a clear and prominent notice to its clients explaining that: (1) Customer may provide information about its clients’ accounts and identity to credit reference agencies and that such clients’ expressly consent to this; and (2) the credit reference agency may retain and use such information in conjunction with other information that it obtains in credit reference services that it provides to its other clients. 9.4. Customer is the data controller and D&B is the data processor with regard to any Customer supplied personal data.
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CUSTOMER DATA AND PERSONAL DATA. You have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data and for the means by which You acquire Customer Data. You represent and warrant to Us that You have all rights, consents, permissions and legal authority as may be necessary to provide the Customer Data to Us and to authorize Us to process the Customer Data to provide the Services. We will only use Customer Data and Service Attributes to provide the Services to You, except with Your prior written consent or as otherwise expressly permitted under this Agreement, or unless otherwise required under applicable laws. We will not disclose Customer Data or Service Attributes outside of Athennian or Our Affiliates except (i) as You direct or as required to provide the Services, (ii) to Non-Athennian Applications and their providers as described in the section titled “Non-Athennian Providers”, (iii) to Our subcontractors and service providers to the extent reasonably necessary for the provision of the Services, including to third party intermediaries who assist in the provision of E-File Services, (iv) as otherwise described in this Agreement, or (v) as required by applicable laws. If We are required to disclose Customer Data by Applicable Law, then We will promptly notify You unless prohibited by law. Upon receipt of any other third-party request for Customer Data, We will promptly notify You unless prohibited by law. We will reject the request unless required by law to comply. If the request is valid, We will attempt to redirect the third party to request the Customer Data directly from You.
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CUSTOMER DATA AND PERSONAL DATA. 3.1. The Customer shall (i) own all right, title and interest in and to all of the Customer Data and (ii) have sole responsibility for the legality, reliability, integrity, accuracy, timeliness and quality of the Customer Data which is inputted by the Customer, Authorised Users or by third parties, in each case on behalf of the Customer. Such inputted Customer Data is at the discretion of Customer as part of its use of the Services, which for illustrative purposes, may include configurations and settings in the Services. The Customer grants to CUBE, its Affiliates and subcontractors a non-exclusive royalty-free licence to use and store the Customer Data to the extent necessary to carry out its obligations under this Agreement, including the right to retain Customer Data following the termination of the Agreement and to make it available to an Office Holder in accordance with the Information Privacy Exhibit. Customer Data includes the Personal Data, as set forth in the Information Privacy Exhibit, required for CUBE to provide Services, including Support Services hereunder to Authorised Users. 3.2. The Customer must maintain full and regular back-ups of all Customer Data. CUBE will make back-up copies of the Customer Data on a daily basis during the Term and will retain only the latest back-up copy during the Term. In the event of any loss or damage to Customer Data, the sole and exclusive remedy of the Customer shall be for CUBE to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by CUBE. However, CUBE shall not be obliged to keep such back-ups, and shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party beyond CUBE’s obligation to restore lost or damaged Customer Data from the latest back-up of such Customer Data as set out in this 3.2.
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Related to CUSTOMER DATA AND PERSONAL DATA

  • Customer Data 5.1 The Customer shall own all rights, 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. 5.2 The Supplier shall follow its archiving procedures for Customer Data as described in the relevant Service Level Agreement or the Supplier’s Hosting Policy (as applicable). The Supplier may, without obligation to the Customer, make such additional backup or archiving arrangements as it sees fit. 5.3 In the event of any loss or damage to Customer Data during the Licence Term, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier in accordance with the archiving procedure described in the relevant Service Level Agreement or the Supplier’s Hosting Policy (as applicable). 5.4 The Supplier shall not be required to maintain, back-up, protect or retrieve any Customer Data after the expiry of the Licence Term. 5.5 If the Customer utilises the customer service icon provided within the Software, the Customer acknowledges that any Customer Data uploaded via such service will be subject to the relevant third-party supplier’s security policy. The Supplier currently utilises the Fresh Desk application. For a copy of the Fresh Desk Security Policy see ▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇/security. The Supplier accepts no liability for any Customer Data transferred through the customer service icon provided within the Software. 5.6 The Supplier shall not be responsible for any loss suffered by the Customer as a result of or arising from the destruction, alteration, or disclosure of any Customer Data caused by any third party (including any third-party providing customer service functionality in connection with the Software), except and to the extent that the Supplier is entitled to recover and has so recovered an amount (net of the costs of recovery) equal to such loss from the relevant third party. 5.7 If the Supplier processes any personal data on the Customer's behalf when performing its obligations under these Terms and Conditions of Use, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case: (a) the Customer undertakes to comply with all the requirements of the Data Protection ▇▇▇ ▇▇▇▇ in connection with any personal data processed by the Supplier on the Customer's behalf when performing its obligations under these Terms and Conditions of Use; (b) the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully process the personal data in accordance with these Terms and Conditions of Use on the Customer's behalf; (c) the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer and the Authorised Users are located in order to carry out the Services and the Supplier's other obligations under these Terms and Conditions of Use; (d) 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; (e) the Supplier shall process the personal data only in accordance with these Terms and Conditions of Use and any lawful instructions reasonably given by the Customer from time to time; (f) 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; and (g) the Customer shall make and maintain all necessary registration applications within all appropriate categories under the DPA as are required in relation to any personal data processed by the Supplier on the Customer's behalf when performing its obligations under these Terms and Conditions of Use. 5.8 The Customer shall indemnify and keep indemnified the Supplier against all actions, proceedings , costs, claims, demands , liabilities , losses and expenses whatsoever arising out of or in connection with the Supplier 's processing of personal data on the Customer's behalf when performing its obligations under these Terms and Conditions of Use, save to the extent that the same is caused by or arises from the Supplier’s (or its directors, employees or sub-contractors’) negligence or breach of its obligations under these Terms and Conditions of Use.

  • Privacy and Personal Information (a) This clause 14 applies where this agreement amounts to a “service arrangement” under the Information Privacy Act 2009 (Qld). (b) For the purpose of this clause 14, Personal Information has the meaning given in the Information Privacy Act 2009 (Qld). (c) If the Recipient collects or has access to Personal Information in order to undertake the Activity, the Recipient must: (i) comply with Parts 1 and 3 of Chapter 2 of the Information Privacy Act 2009 (Qld) in relation to the discharge of its obligations under this agreement (including its obligations regarding Reports), as if the Recipient was the Department; (ii) ensure that Personal Information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse; (iii) not use Personal Information other than for the purposes of undertaking the Activity, unless required or authorised by law; (iv) not disclose Personal Information without the consent of the Department, unless required or authorised by law; (v) not transfer Personal Information outside of Australia without the consent of the Department; (vi) ensure that access to Personal Information is restricted to those of the Recipient's employees and officers who require access in order to perform their duties; (vii) ensure that the Recipient's officers and employees do not access, use or disclose Personal Information other than in the performance of their duties; (viii) ensure that the Recipient's subcontractors who have access to Personal Information comply with obligations the same as those imposed on the the Recipient under this clause 14; (ix) fully co-operate with the Department to enable the Department to respond to applications for access to, or amendment of a document containing an individual’s Personal Information and to privacy complaints; and (x) comply with such other privacy and security measures as the Department reasonably advises the Recipient in writing from time to time. (d) The Recipient must immediately notify the Department on becoming aware of any breach, suspected breach or complaint alleging something that would, if proved, be a breach of clause 14(c) and provide full details of the breach, suspected breach or complaint. (e) On request by the Department, the Recipient must obtain from its Representatives engaged for the purposes of this agreement, an executed deed of privacy in a form acceptable to the Department.

  • User Data We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  • Protection of Customer Data The Supplier shall not delete or remove any proprietary notices contained within or relating to the Customer Data. The Supplier shall not store, copy, disclose, or use the Customer Data except as necessary for the performance by the Supplier of its obligations under this Call Off Contract or as otherwise Approved by the Customer. To the extent that the Customer Data is held and/or Processed by the Supplier, the Supplier shall supply that Customer Data to the Customer as requested by the Customer and in the format (if any) specified by the Customer in the Call Off Order Form and, in any event, as specified by the Customer from time to time in writing. The Supplier shall take responsibility for preserving the integrity of Customer Data and preventing the corruption or loss of Customer Data. The Supplier shall perform secure back-ups of all Customer Data and shall ensure that up-to-date back-ups are stored off-site at an Approved location in accordance with any BCDR Plan or otherwise. The Supplier shall ensure that such back-ups are available to the Customer (or to such other person as the Customer may direct) at all times upon request and are delivered to the Customer at no less than six (6) Monthly intervals (or such other intervals as may be agreed in writing between the Parties). The Supplier shall ensure that any system on which the Supplier holds any Customer Data, including back-up data, is a secure system that complies with the Security Policy and the Security Management Plan (if any). If at any time the Supplier suspects or has reason to believe that the Customer Data is corrupted, lost or sufficiently degraded in any way for any reason, then the Supplier shall notify the Customer immediately and inform the Customer of the remedial action the Supplier proposes to take. If the Customer Data is corrupted, lost or sufficiently degraded as a result of a Default so as to be unusable, the Supplier may: require the Supplier (at the Supplier's expense) to restore or procure the restoration of Customer Data to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer, and the Supplier shall do so as soon as practicable but not later than five (5) Working Days from the date of receipt of the Customer’s notice; and/or itself restore or procure the restoration of Customer Data, and shall be repaid by the Supplier any reasonable expenses incurred in doing so to the extent and in accordance with the requirements specified in Call Off Schedule 8 (Business Continuity and Disaster Recovery) or as otherwise required by the Customer.

  • Processing of Customer Personal Data 3.1 UKG will: 3.1.1 comply with all applicable Data Protection Laws in the Processing of Customer Personal Data; and 3.1.2 not Process Customer Personal Data other than for the purpose, and in accordance with, the relevant Customer’s instructions as documented in the Agreement and this DPA, unless Processing is required by the Data Protection Laws to which the relevant UKG Processor is subject, in which case UKG to the extent permitted by the Data Protection Laws, will inform Customer of that legal requirement before the Processing of that Customer Personal Data. 3.2 Customer hereby: 3.2.1 instructs UKG (and authorizes UKG to instruct each Subprocessor) to: (a) Process Customer Personal Data; and (b) in particular, transfer Customer Personal Data to any country or territory subject to the provisions of this DPA, in each case as reasonably necessary for the provision of the Services and consistent with the Agreement. 3.2.2 warrants and represents that it is and will at all relevant times remain duly and effectively authorized to give the instructions set out in Section 3.2.1 on behalf of each relevant Customer Affiliate; and 3.2.3 warrants and represents that it has all necessary rights in relation to the Customer Personal Data and/or has collected all necessary consents from Data Subjects to Process Customer Personal Data to the extent required by Applicable Law. 3.3 Schedule 1 to this DPA sets out certain information regarding UKG’s Processing of Customer Personal Data as required by Article 28(3) of the GDPR (and equivalent requirements of other Data Protection Laws).