Common use of Obligations of Subsidiary Clause in Contracts

Obligations of Subsidiary. Subsidiary warrants and undertakes that: (a) The personal data have been collected, processed and transferred in accordance with the laws applicable to Subsidiary. (b) It has used reasonable efforts to determine that Masimo is able to satisfy its legal obligations under these clauses. (c) It will provide Masimo, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which Subsidiary is established. (d) It will respond to enquiries from data subjects and the authority concerning processing of the personal data by Masimo, unless the parties have agreed that Masimo will so respond, in which case Subsidiary will still respond to the extent reasonably possible and with the information reasonably available to it if Masimo is unwilling or unable to respond. Responses will be made within a reasonable time. (e) It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause IV, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, Subsidiary shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, Subsidiary shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. Subsidiary shall also provide a copy of the clauses to the authority where required.