Common use of Derogations for specific situations Clause in Contracts

Derogations for specific situations. The Merchant has consented to such transfer and acknowledges and accepts that certain Data Suppliers engaged by Credorax in the provision of the products and services are located in a country that the European Commission has not formally declared to have an adequate level of protection (Article 45(3) GDPR) and are not able to demonstrate appropriate safeguards (Article 46 GDPR). In such circumstances the Merchant acknowledges that prior to submitting Merchant Data to Credorax for processing it shall determine, and is solely liable for ensuring, that one of following exceptions set out in Article 49 GDPR applies: (a) the Data Subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the Data Subject due to the absence of an adequacy decision and appropriate safeguards; (b) the transfer is necessary for the performance of a contract between the Data Subject and the Controller or the implementation of pre-contractual measures taken at the Data Subject's request; (c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Data Subject between the Controller and another natural or legal person; (d) the transfer is necessary for important reasons of public interest; (e) the transfer is necessary for the establishment, exercise or defence of legal claims; (f) the transfer is necessary in order to protect the vital interests of the Data Subject or of other persons, where the Data Subject is physically or legally incapable of giving consent; or (g) the transfer is made from a register which according to European Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by European Union or Member State law for consultation are fulfilled in the particular case.

Derogations for specific situations. The Merchant Licensee has consented to such transfer and acknowledges and accepts that certain Data Suppliers sub-processors of GBG Plc. engaged by Credorax Proven Works in the provision of the products and services Address Verification service are located in a country that the European Commission has not formally declared to have an adequate level of protection (clause 9.10/ Article 45(3) GDPR) and are not able to demonstrate appropriate safeguards (clause 9.9/ Article 46 GDPR). In such circumstances this will be stated in the Merchant Additional Terms and where GDPR applies to the Licensee by virtue of Article 3 GDPR, the Licensee as Controller acknowledges that prior to submitting Merchant Data Licensee’s data to Credorax Proven Works for processing it shall determine, and is solely liable for ensuring, that one of following exceptions set out in Article 49 GDPR applies: (a) the Data Subject data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the Data Subject data subject due to the absence of an adequacy decision and appropriate safeguards; ; (b) the transfer is necessary for the performance of a contract between the Data Subject data subject and the Controller Licensee or the implementation of pre-contractual measures taken at the Data Subjectdata subject's request; ; (c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the Data Subject data subject between the Controller Licensee and another natural or legal person; ; (d) the transfer is necessary for important reasons of public interest; ; (e) the transfer is necessary for the establishment, exercise or defence of legal claims; ; (f) the transfer is necessary in order to protect the vital interests of the Data Subject data subject or of other persons, where the Data Subject data subject is physically or legally incapable of giving consent; or or (g) the transfer is made from a register which according to UK, European Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by UK, European Union or Member State law for consultation are fulfilled in the particular case. The terms of this clause 9.11 shall not apply where the Licensee End User is subject to LED. In such circumstance clause 9.12 shall apply.