Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix. 7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7. 7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect. 7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that: (a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's obligations under this Agreement; and (b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to: (i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and (ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix. 7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 26 contracts
Sources: Master Subscription Agreement (Msa), Master Subscription Agreement (Msa), Master Subscription Agreement (Msa)
Sub-processors. 7.1 bookinglab Field Dynamics shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Field Dynamics engaging Sub-Processors to process the Data provided that: (i) bookinglab Field Dynamics provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Field Dynamics complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabField Dynamics’s use of the Sub-Processors listed at ▇▇▇.▇▇www.field- ▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Field Dynamics in writing of its refusal to consent to bookinglabField Dynamics’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Field Dynamics will not appoint the Sub-Processor; or (ii) if bookinglab Field Dynamics does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Field Dynamics shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Field Dynamics appoints a Sub-Processor, bookinglab Field Dynamics shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabField Dynamics's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Field Dynamics or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Field Dynamics under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Field Dynamics is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
Appears in 7 contracts
Sources: Licensed End User Agreement, Licensed End User Agreement, Licensed End User Agreement
Sub-processors. 7.1 bookinglab Field Dynamics shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Field Dynamics engaging Sub-Processors to process the Data provided that: (i) bookinglab Field Dynamics provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab Field Dynamics complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabField Dynamics’s use of the Sub-Processors listed at ▇▇▇.▇▇www.field- ▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Field Dynamics in writing of its refusal to consent to bookinglabField Dynamics’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Field Dynamics will not appoint the Sub-Processor; or (ii) if bookinglab Field Dynamics does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Field Dynamics shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Field Dynamics appoints a Sub-Processor, bookinglab Field Dynamics shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabField Dynamics's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Field Dynamics or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Field Dynamics under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Field Dynamics is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 4 contracts
Sources: Subscription Agreement, End User License Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab Bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab Bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabBookinglab’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Bookinglab in writing of its refusal to consent to bookinglabBookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab Bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Bookinglab appoints a Sub-Processor, bookinglab Bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabBookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab BookingLab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab BookingLab engaging Sub-Processors to process the Data provided that: (i) bookinglab BookingLab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab BookingLab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglabBookingLab’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab BookingLab in writing of its refusal to consent to bookinglabBookingLab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab BookingLab will not appoint the Sub-Processor; or (ii) if bookinglab BookingLab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab BookingLab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab BookingLab appoints a Sub-Processor, bookinglab BookingLab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabBookingLab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab BookingLab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab BookingLab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab BookingLab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement
Sub-processors. 7.1 bookinglab Miso shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Miso engaging Sub-Processors to process the Data provided that: (i) bookinglab Miso provides at least 30 days' prior notice of the addition of any subcontractor (including details of the ofthe processing it performs or will orwill perform) (“Sub-Sub- Processor Notice”); and (ii) bookinglab Miso complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabMiso’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Miso in writing of its refusal to consent to bookinglab▇▇▇▇’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Miso will not appoint the Sub-Processor; or (ii) if bookinglab Miso does appoint the Sub-Processor, the Customer may elect to terminate the toterminatethe Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the thenthe Customer is deemed to have given its consent and bookinglab Miso shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Miso appoints a Sub-Processor, bookinglab Miso shall ensure that:
(a) such Sub-Processor shall only process Customer onlyprocess Personal Data in Datain order to perform toperform one or more ormore of bookinglabMiso's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Miso or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Miso under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab ▇▇▇▇ is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
Appears in 1 contract
Sub-processors. 7.1 bookinglab shall not subcontract any processing Nametag and Customer agree that Nametag may engage Sub-processors to Process Personal Information on Customer’s behalf subject to the terms of this DPA. Nametag has currently appointed, as Sub- processors, the third parties listed in Appendix 3 to this DPA. Nametag is to provide no less than 30 days prior notice to Customer regarding proposed new or replacement Sub-processors during the term of the Agreement. If Customer Personal Data reasonably objects in writing to any a new or replacement Sub-Processor except as authorised processor within 10 calendar days after receipt of such notice, and the parties cannot resolve Customer’s reasonable objection within 14 calendar days after receipt of such objection, then Customer may terminate the Services impacted by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging new or replacement Sub-Processors processor on written notice to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition Nametag without penalty and receive a pro-rata refund of any subcontractor (including details of fees paid in advance. In the processing it performs or will perform) (“event that Nametag engages a Sub-Processor Notice”); and (ii) bookinglab complies processor to assist with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglab’s use of or carry out the Processing activity on its behalf, Nametag will impose data protection terms on the Sub-Processors listed processors, and ensure that the Processing activity is carried out with, at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which least the same level of protection for the Personal Information and the rights of Data Subjects as required in the Agreement and this DPA and that at a minimum data protection, security, and confidentiality obligations no less strict as set out in this DPA and Agreement shall be maintained and updated when any imposed on the Sub-Processor is added processor. Nametag shall remain fully liable to Customer for each Sub- processor’s compliance with the obligations of this DPA, the Agreement, and Applicable Data Protection Law, and for any acts or removed in accordance with omissions of such Sub-processor that cause Nametag to breach any of its obligations under this paragraph 7.
7.3 If within 30 days of receipt of DPA and the Agreement. Notwithstanding the foregoing, Nametag may replace or add a Sub-Processor Notice processor without prior notice to Customer if, in its sole discretion, such action is necessary to prevent or mitigate risk to the Services, Personal Information, technology infrastructure, or customers. Nametag shall notify Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a the replacement or additional Sub-Processor on reasonable grounds relating processor as soon as possible, and Customer shall retain the right to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect object to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more processor as described herein upon receipt of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendixsuch notice.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 1 contract
Sources: Data Processing Addendum
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab engaging Sub-Processors to process the Data provided that: (i) bookinglab provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendix.
7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab in writing of its refusal to consent to bookinglab’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a Sub-Processor, bookinglab shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglab's ’s obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this Appendix.
Appears in 1 contract
Sources: Master Subscription Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 79.1. The Customer consents hereby gives general advance consent to bookinglab engaging Dokobit to engage Sub-Processors which will process Customer Data on behalf of Dokobit according to process the scope and purposes specified in this Data provided thatProcessing Agreement. Dokobit shall engage only those Sub-Processors which will ensure the following: (i) bookinglab provides implementation of appropriate technical and organisational measures; (ii) data processing in compliance with GDPR requirements; and (iii) protection of the rights of the data subject.
9.2. Dokobit shall ensure that a written agreement has been concluded with Sub-Processors engaged under which Sub-Processors shall undertake to comply with responsibilities of the data processor established in this Data Processing Agreement at least 30 days' prior notice to the extent applicable to Dokobit. Dokobit shall be liable against the Customer for the performance of obligations of Sub-Processors engaged.
9.3. Up-to-date list of engaged Sub-Processors will be published by Dokobit on the addition of any subcontractor (including details of Compliance Website. Dokobit shall notify the processing it performs Customer about its plans to replace or will perform) (“engage a new Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 of this Appendixby making such information available on the Compliance Website no later than 14 days prior to the planned event.
7.2 The 9.4. If the Customer hereby consents to bookinglab’s use continues using the Services following the replacement or involvement of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any a new Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days and notification of receipt of a Sub-Processor Notice the Customer notifies bookinglab under the procedure provided for in writing Item 9.3 of its refusal this Data Processing Agreement, it shall be considered that the Customer agreed to consent to bookinglab’s appointment such actions of a Sub-Processor on reasonable grounds relating to Dokobit. If the protection Customer disagrees with such replacement or involvement of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect shall have the right to unilaterally, under out-of-court procedure, terminate this Data Processing Agreement and the Agreement without penalty or cost to either party save that any portion Terms of Service. In this case, the termination of the fees paid in advance in respect of Services agreements will be the only measure that can be applied by the Customer and Dokobit will not yet delivered as at the effective date of termination shall be refunded obliged to compensate damages to the Customer.
9.5. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated withdraws its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed general consent to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a engage Sub-Processor, bookinglab Dokobit shall ensure that:
(a) have the right to unilaterally, under out-of-court procedure, terminate the Terms of Service, and such Sub-Processor termination shall only process Customer Personal Data in order be considered to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible have been made for important reasons and liable to the Customer for shall be deemed not to have suffered any processing by the Sub-Processor in breach of this Appendixdamage due to such termination.
Appears in 1 contract
Sources: Data Processing Agreement
Sub-processors. 7.1 bookinglab Miso shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 7. The Customer consents to bookinglab Miso engaging Sub-Processors to process the Data provided that: (i) bookinglab Miso provides at least 30 days' prior notice of the addition of any subcontractor (including details of the processing it performs or will perform) (“Sub-Processor Notice”); and (ii) bookinglab Miso complies with paragraphs 7.4 and 7.5 of this AppendixSchedule.
7.2 The Customer hereby consents to bookinglabMiso’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice the Customer notifies bookinglab Miso in writing of its refusal to consent to bookinglab▇▇▇▇’s appointment of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab Miso will not appoint the Sub-Processor; or (ii) if bookinglab Miso does appoint the Sub-Processor, the Customer may elect to terminate the Agreement without penalty or cost to either party save that any portion of the fees paid in advance in respect of Services not yet delivered as at the effective date of termination shall be refunded to the Customer. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed to have given its consent and bookinglab Miso shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab Miso appoints a Sub-Processor, bookinglab Miso shall ensure that:
(a) such Sub-Processor shall only process Customer Personal Data in order to perform one or more of bookinglabMiso's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab Miso or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab Miso under this AppendixSchedule.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab Miso is responsible and liable to the Customer for any processing by the Sub-Processor in breach of this AppendixSchedule.
Appears in 1 contract
Sources: Licensed End User Agreement
Sub-processors. 7.1 bookinglab shall not subcontract any processing of the Customer Personal Data to any Sub-Processor except as authorised by the Customer in accordance with this paragraph 79.1. The Customer consents hereby gives general advance consent to bookinglab engaging Dokobit to engage Sub-Processors which will process Customer Data on behalf of Dokobit according to process the scope and purposes specified in this Data provided thatProcessing Agreement. Dokobit shall engage only those Sub-Processors which will ensure the following: (i) bookinglab provides implementation of appropriate technical and organisational measures; (ii) data processing in compliance with GDPR requirements; and (iii) protection of the rights of the data subject.
9.2. Dokobit shall ensure that a written agreement has been concluded with Sub-Processors engaged under which Sub-Processors shall undertake to comply with responsibilities of the data processor established in this Data Processing Agreement at least 30 days' to the extent applicable to Dokobit. Dokobit shall be liable against the Customer for the performance of obligations of Sub-Processors engaged.
9.3. Up-to-date list of engaged Sub-Processors will be published by Dokobit on the Compliance Website. Dokobit shall notify the Customer about its plans to replace or engage a new Sub- Processor by making such information available on the Compliance Website no later than 14 days prior notice to the planned event.
9.4. If the Customer continues using the Services following the replacement or involvement of the addition of any subcontractor (including details of the processing it performs or will perform) (“a new Sub-Processor Notice”); and (ii) bookinglab complies with paragraphs 7.4 and 7.5 notification of the Customer under the procedure provided for in Item 9.3 of this Appendix.
7.2 The Customer hereby consents to bookinglab’s use of the Sub-Processors listed at ▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇▇ which Data Processing Agreement, it shall be maintained and updated when any Sub-Processor is added or removed in accordance with this paragraph 7.
7.3 If within 30 days of receipt of a Sub-Processor Notice considered that the Customer notifies bookinglab in writing agreed to such actions of its refusal to consent to bookinglab’s appointment Dokobit. If the Customer disagrees with such replacement or involvement of a Sub-Processor on reasonable grounds relating to the protection of Customer Personal Data, then either: (i) bookinglab will not appoint the Sub-Processor; or (ii) if bookinglab does appoint the Sub-Processor, the Customer may elect shall have the right to unilaterally, under out-of-court procedure, terminate this Data Processing Agreement and the Agreement without penalty or cost to either party save that any portion Terms of Service. In this case, the termination of the fees paid in advance in respect of Services agreements will be the only measure that can be applied by the Customer and Dokobit will not yet delivered as at the effective date of termination shall be refunded obliged to compensate damages to the Customer.
9.5. If after 30 days from receipt of the Sub-Processor Notice the Customer has not indicated withdraws its refusal of the appointment of a Sub-Processor in accordance with this paragraph, then the Customer is deemed general consent to have given its consent and bookinglab shall be entitled to appoint the relevant Sub-Processor with immediate effect.
7.4 If bookinglab appoints a engage Sub-Processor, bookinglab Dokobit shall ensure that:
(a) have the right to unilaterally, under out-of-court procedure, terminate the Terms of Service, and such Sub-Processor termination shall only process Customer Personal Data in order be considered to perform one or more of bookinglab's obligations under this Agreement; and
(b) it enters into a written agreement or other legally enforceable terms with that Sub-Processor prior to any processing by the Sub-Processor, requiring the Sub-Processor to:
(i) process Customer Personal Data only in accordance with the written instructions of bookinglab or the Customer; and
(ii) comply with data protection obligations equivalent in all material respects to those imposed on bookinglab under this Appendix.
7.5 Notwithstanding the appointment of a Sub-Processor, bookinglab is responsible have been made for important reasons and liable to the Customer for shall be deemed not to have suffered any processing by the Sub-Processor in breach of this Appendixdamage due to such termination.
Appears in 1 contract
Sources: Data Processing Agreement