Processing of Personal Information. 14.2.1. Each party warrants to and in favour of the other that it shall at all times during the term of this Agreement comply with Data Protection Legislation. 14.2.2. The Customer acknowledges that Itec may be required to Process the Personal Information of the Customer and other relevant data subjects (including the Customer's customers) ("Customer Personal Information") in connection with and for the purposes of providing its services to the Customer and for fulfilling its obligations in terms of this Agreement. 14.2.3. Itec shall — 14.2.3.1. only Process the Customer Personal Information for the purpose(s) connected with the provision of the services and to the extent strictly necessary to provide the services, except to the extent specifically requested to do otherwise by the Customer in writing or required by Data Protection Legislation or other applicable laws; 14.2.3.2. comply with all reasonable, lawful directions and instructions which may be given by the Customer regarding the Processing of the Customer Personal Information; 14.2.3.3. only Process the Customer Personal Information strictly in compliance with Data Protection Legislation and Itec's privacy policy (available on the Itec website or on request); and 14.2.3.4. secure the integrity and confidentiality of the Customer Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent – 14.2.3.4.1. loss of, damage to, or unauthorised destruction of the Customer Personal Information; and/or 14.2.3.4.2. unlawful access to or unlawful Processing of the Customer Personal Information. 14.2.4. Where the Customer provides Itec with Personal Information relating to a third party data subject (including but not limited to the Customer's staff, suppliers, customers, directors, shareholders, and affiliates), the Customer warrants that it has obtained all necessary approvals and/or consents, as applicable, from such third party data subjects and to the extent required by applicable law, for the Customer to share such Personal Information with Itec (unless otherwise authorised to share their Personal Information in terms of another lawful basis). 14.2.5. The Customer shall be liable to Itec for its failure to comply with any of its obligations under this clause 14, and shall indemnify Itec against all claims, damages, costs, or administrative fines arising therefrom, except to the extent caused by Itec’s breach of its obligations. The indemnification provisions in this clause 14 are in addition to, and do not in any way derogate from, any statutory or common law remedy Itec may have for breach of this Agreement, including breach of any representation or warranty.
Appears in 2 contracts
Sources: Security Service Level Agreement, Service Level Agreement
Processing of Personal Information. 14.2.113.2.1. Each party Party warrants to and in favour of the other that it shall at all times during the term of this Agreement these Terms and Conditions comply with Data Protection Legislation.
14.2.213.2.2. The Customer acknowledges that Itec may be required to Process the Personal Information of the Customer and other relevant data subjects (including the Customer's ’s customers) ("“Customer Personal Information"”) in connection with and for the purposes of providing its services Services to the Customer and for fulfilling its obligations in terms of this Agreementthese Terms and Conditions.
14.2.313.2.3. Itec shall —
14.2.3.113.2.3.1. only Process the Customer Personal Information for the purpose(s) connected with the provision of the services Services and to the extent strictly necessary to provide the servicesServices, except to the extent specifically requested to do otherwise by the Customer in writing or required by Data Protection Legislation or other applicable laws;laws;
14.2.3.213.2.3.2. comply with all reasonable, lawful directions and instructions which may be given by the Customer may give regarding the Processing of the Customer Customer's Personal Information;
14.2.3.313.2.3.3. only Process the Customer Customer's Personal Information strictly in compliance with Data Protection Legislation and Itec's ITEC’s privacy policy (available on the Itec website or on by request); and
14.2.3.413.2.3.4. secure the integrity and confidentiality of the Customer Customer's Personal Information in its possession or under its 13.2.3.5. control by taking appropriate, reasonable technical and organisational unauthorised measures to prevent –
14.2.3.4.113.2.3.5.1. loss of, damage to, or unauthorised destruction of the Customer Personal Information; and/or 14.2.3.4.213.2.3.5.2. unlawful access to or unlawful Processing of the Customer Customer's Personal Information.Information.
14.2.413.2.4. Where the Customer provides Itec with Personal Information relating to a third third-party data subject (including but not limited to the Customer's ’s staff, suppliers, customers, directors, shareholders, and affiliates), the Customer warrants that it has obtained all necessary approvals and/or consents, as applicable, from such third third-party data subjects and to the extent required by applicable law, for the Customer to share such Personal Information with Itec (unless otherwise authorised unauthorised to share their Personal Information in terms of another lawful basis).
14.2.513.2.5. The Customer shall be liable to Itec for its failure to comply with any of its obligations under this clause 14, 12.2.4 and shall indemnify Itec against all claims, damages, costs, or administrative fines arising therefrom, except to the extent caused by Itec’s breach of its obligations. The indemnification provisions in this clause 14 12.2.5 are in addition to, and do not in any way derogate from, any statutory statutory. or common law remedy Itec may have for breach of this Agreementthese Terms and Conditions, including breach of any representation or warranty.
Appears in 1 contract
Sources: Software License Agreement
Processing of Personal Information. 14.2.113.2.1. Each party Party warrants to and in favour of the other that it shall at all times during the term of this Agreement these Terms and Conditions comply with Data Protection Legislation.
14.2.213.2.2. The Customer acknowledges that Itec may be required to Process the Personal Information of the Customer and other relevant data subjects (including the Customer's ’s customers) ("“Customer Personal Information"”) in connection with and for the purposes of providing its services Services to the Customer and for fulfilling its obligations in terms of this Agreementthese Terms and Conditions.
14.2.313.2.3. Itec shall —
14.2.3.113.2.3.1. only Process the Customer Personal Information for the purpose(s) connected with the provision of the services Services and to the extent strictly necessary to provide the servicesServices, except to the extent specifically requested to do otherwise by the Customer in writing or required by Data Protection Legislation or other applicable laws;
14.2.3.213.2.3.2. comply with all reasonable, lawful directions and instructions which may be given by the Customer may give regarding the Processing of the Customer Customer's Personal Information;
14.2.3.313.2.3.3. only Process the Customer Customer's Personal Information strictly in compliance with Data Protection Legislation and Itec's ITEC’s privacy policy (available on the Itec website or on by request); andand
14.2.3.413.2.3.4. secure the integrity and confidentiality of the Customer Customer's Personal Information in its possession or under its 13.2.3.5. control by taking appropriate, reasonable technical and organisational unauthorised measures to prevent –
14.2.3.4.113.2.3.5.1. loss of, damage to, or unauthorised destruction of the Customer Personal Information; and/or 14.2.3.4.213.2.3.5.2. unlawful access to or unlawful Processing of the Customer Customer's Personal Information.Information.
14.2.413.2.4. Where the Customer provides Itec with Personal Information relating to a third third-party data subject (including but not limited to the Customer's ’s staff, suppliers, customers, directors, shareholders, and affiliates), the Customer warrants that it has obtained all necessary approvals and/or consents, as applicable, from such third third-party data subjects and to the extent required by applicable law, for the Customer to share such Personal Information with Itec (unless otherwise authorised unauthorised to share their Personal Information in terms of another lawful basis).
14.2.513.2.5. The Customer shall be liable to Itec for its failure to comply with any of its obligations under this clause 14, 12.2.4 and shall indemnify Itec against all claims, damages, costs, or administrative fines arising therefrom, except to the extent caused by Itec’s breach of its obligations. The indemnification provisions in this clause 14 12.2.5 are in addition to, and do not in any way derogate from, any statutory statutory. or common law remedy Itec may have for breach of this Agreementthese Terms and Conditions, including breach of any representation or warranty.
Appears in 1 contract
Sources: Software License Agreement