Use of other processors Clause Samples

The 'Use of other processors' clause defines the conditions under which a party, typically a data processor, may engage additional third-party processors to handle data on behalf of the data controller. This clause often requires the processor to obtain prior written authorization from the controller before subcontracting any processing activities, and may obligate the processor to ensure that any sub-processors adhere to the same data protection obligations as set out in the main agreement. Its core function is to maintain control and oversight over data handling, ensuring that data protection standards are upheld even when processing is delegated to other entities.
Use of other processors. 7.1 The Customer hereby grants the Contractor general authorization to engage other processors for the processing of Customer Data. Annex 2 contains an overview of any other processors used at the time of entering into this Agreement. As a general rule, the engagement of service providers who inspect or maintain data processing facilities or processes or other ancillary services that do not entail the processing of Customer Data does not require any authorization, even if access to Customer Data cannot be excluded, provided that the Contractor takes appropriate measures to protect the confidentiality of Customer Data. 7.2 The Contractor shall notify the Customer by e-mail about any intended changes with regard to the engagement or replacement of other processors. The Customer has the right to object, on a case-by-case basis, to the engagement of any potential other processor. However, the Customer may only object if it has good reason to do so and demonstrates such reason to the Contractor. The Customer's right to object to a specific engagement will lapse if the Customer fails to object within 14 days of receiving such notification. Where the Customer raises an objection, the Contractor will be entitled to terminate the Main Agreement and this Agreement by giving four weeks' notice, subject to the provisions of the Main Agreement. 7.3 Any Customer objections must be raised in text form via the portal. 7.4 The agreement between the Contractor and the other processor must impose the same obligations on the other processor that are imposed on the Contractor under this Agreement. The parties agree that this requirement will be deemed to have been met if said agreement provides for a level of protection that corresponds to the level of protection under this Agreement, or the obligations stipulated in Article 28(3) GDPR are imposed on the other processor. 7.5 Subject to compliance with the requirements of clause 2.5of this Agreement, the provisions of this clause 7 shall also apply if another processor in a third country is engaged. In such a case, the Contractor shall be entitled and – insofar as the requirements of clause 2.5 are not otherwise met – obligated to enter into an agreement with the other processor incorporating the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council in accordance with Commission Implementing Decision (EU) 2021/914 of 4...
View SourceView Similar (4)
Use of other processors. The use of further processors by the processor is only permissible if the person responsible has expressly agreed to this. Consent must be given in writing. In this case, the processor must transfer all obligations from this agreement, including this entire point 5, to the other processor (subcontractor) by written agreement, with sufficient guarantees in particular that the appropriate technical and organizational measures must be carried out in such a way that that processing takes place in accordance with the requirements of the GDPR. If the subcontractor does not comply with their data protection obligation, the processor responsible for the compliance is liable for said subcontractor. Subcontractors that were visibly disclosed before or at the time of signing the contract and thus fulfill the requirements, are approved when signing this agreement.
View SourceView Similar (2)
Use of other processors. 7.1. The Client hereby grants the Contractor general approval to involve further processors with regard to the processing of Client Data. The further processors called in at the time of conclusion of the contract are shown in Annex 3. Contractual relationships with service providers which have as their object the testing or maintenance of data processing procedures or systems by other bodies or other ancillary services, even if access to Client Data cannot be excluded in the process, are generally not subject to approval, as long as the Contractor makes appropriate arrangements to protect the confidentiality of the Client Data. 7.2. The Contractor shall inform the Client of any intended changes with regard to the involvement or replacement of further Processors. In individual cases, the Client shall have the right to object to the commissioning of a potential additional Processor. An objection may only be raised by the Client for good cause to be proven to the Contractor. If the Client does not raise an objection within 14 days of receipt of the notification, its right to object to the corresponding commissioning shall expire. If the Client raises an objection, the Contractor shall be entitled to terminate the main contract and this contract with a notice period of 3 months. 7.3. The contract between the contractor and the additional processor must impose the same obligations on the latter as are imposed on the contractor by virtue of this contract. The parties agree that this requirement is met if the contract provides for a level of protection equivalent to that of the contract or imposes on the further processor the obligations set out in Article 28(3) of the GDPR. 7.4. Subject to compliance with the requirements of Clause 2.5 of this Agreement, the provisions in this Clause 7 shall also apply if another Processor is engaged in a third country. Any relocation to a third country may only take place if the specific requirements of Art. 44 et seq. GDPR are fulfilled.
View Source
Use of other processors. The Controller authorizes the Processor to engage other processors to fulfill the obligations arising from the Agreement under the condition that the Processor informs the Controller of the intended changes regarding the addition or replacement of other processors. The Controller may object to an intended change within 5 working days after notification. If the Processor does not accept the objection of the Controller, the Controller may terminate the Agreement without notice.
View Source
Use of other processors. The Supplier will provide Company a list of other processors upon request of the Company. The Company provides a general authorisation to the Supplier to engage further processors to process Personal Data on the condition that the Supplier shall give the Company prior notice of any intended addition to or replacement of those further processors. The Company has the right to object to any intended addition or replacement of those further processors. If the Company objects to that change, the Company may terminate for convenience. The Supplier shall ensure that it has a written contract with any processors it engages to process Personal Data. That contract must impose obligations on the processor equivalent to those set out in this Data Protection Clause and the Supplier shall ensure the processor complies with those obligations (including by auditing or otherwise taking steps in accordance with good industry practice to confirm such compliance at least annually). On request from the Company from time to time, the Supplier shall confirm the timing, scope and findings of any such audit or confirmation exercise.
View Source
Use of other processors. 7.1 The Customer hereby grants the Contractor general approval to involve further processors with regard to the processing of Customer Data. The further processors called in at the time of conclusion of the contract are shown in Annex 3. Contractual relationships with service providers which have as their object the testing or maintenance of data processing procedures or systems by other bodies or other ancillary services are generally not subject to approval, even if access to Customer Data cannot be excluded in the process, as long as the Contractor makes appropriate arrangements to protect the confidentiality of the Customer Data.
View Source

Related to Use of other processors

  • 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.

  • Use of sub-processors 1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor). 2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general notification of the data controller. 3. The data processor has the data controller’s general authorisation for the engagement of sub-proces- sors. The data processor shall inform the data controller of any intended changes concerning the addi- tion or replacement of sub-processors at least 14 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B. 4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR. The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR. 5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-pro- cessor agreement, shall not require submission to the data controller. 6. The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g., enabling the data controller to instruct the sub-processor to delete or return the personal data. 7. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

  • Manager’s Use of the Services of Others The Manager may (at its cost except as contemplated by Paragraph 4 of this Agreement) employ, retain or otherwise avail itself of the services or facilities of other persons or organizations for the purpose of providing the Manager or the Corporation or Fund, as appropriate, with such statistical and other factual information, such advice regarding economic factors and trends, such advice as to occasional transactions in specific securities or such other information, advice or assistance as the Manager may deem necessary, appropriate or convenient for the discharge of its obligations hereunder or otherwise helpful to the Corporation or Fund, as appropriate, or in the discharge of Manager's overall responsibilities with respect to the other accounts which it serves as investment manager.

  • Collection and Use of Information In providing financial services to me, I understand you will be collecting and gathering personal, financial and credit information from me (Information) to: (i) to verify and/or authenticate my identity; (ii) better understand my financial situation and my needs and eligibility for products and services and manage my relationship with the Credit Union; (iii) open, maintain and administer my account and provide me with financial services that meet my needs and to conduct research and surveys to assess my satisfaction with the Credit Union, its products and services; (iv) obtain credit reports and evaluate my credit rating and credit worthiness and check references; (v) to administer and manage security and risk in relation to my account and the financial services provided to me; (vi) comply with legal and regulatory requirements; (vii) assist in dispute resolution; (viii) offer and provide me with the other products and services of the Credit Union and of its partners, affiliates and service suppliers. I understand that you require and may use my Social Insurance Number as an aid to identify me with credit bureaus and other financial institutions for credit matching purposes and for income tax reporting purposes on interest bearing or investment accounts. I understand that the provision of my Social Insurance Number for credit matching purposes is optional and not a condition of service. I understand that you need my consent to collect, use and disclose Information gathered about me except when the law allows you to do so without my consent. For that purpose, I authorize, consent to, and accept this as written notice of your obtaining, gathering, copying, scanning, updating, using, disclosing, sharing or exchanging such Information about me at any time for the purposes described including from or with any credit bureau, credit grantor or other entity in connection with my account and any relationships between us or those which you or I wish to establish and including with Credit Union partners, affiliates or service suppliers for the purposes described in (viii) above. You may use this Information for so long as it is needed for the purposes described. I understand that I can ask you to stop using my Information to offer me other products or services at any time. I also understand that I may request that you stop using my Social Insurance Number for credit matching purposes at any time. I understand it is necessary to keep my Information current and I agree to notify you of any changes in my Information. For the purpose of this authorization, your partners, affiliates and service suppliers mean Credit Union partners, affiliates and service suppliers that are engaged in the business of providing services or products to the public in Canada including but not limited to, deposits, financing arrangements, credit, charge and payment card service, trust and custodial services, securities and brokerage services, insurance services, electronic services, information and technology services, education and consulting services. To assist in providing financial services, the Credit Union may use cloud providers or other service providers located outside of Canada. In the event a cloud provider is used or a service provider is located outside of Canada, Information may be processed and stored outside of Canada and foreign governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of the Information through the laws of Canada and the foreign jurisdiction. If I am a US citizen, or I am a tax resident of the United States or another foreign jurisdiction, I understand the Credit Union may be required to disclose my Information to the Canada Revenue Agency (“CRA”) and CRA may share and exchange my Information with government, tax and other regulatory authorities of the foreign jurisdiction.

  • No Other Services The execution of this Agreement does not constitute a request for, nor agreement to provide Energy, any Ancillary Services or Installed Capacity under the NYISO Market Administration and Control Area Services Tariff (“Services Tariff”). If Developer wishes to supply Energy, Installed Capacity or Ancillary Services, then Developer will make application to do so in accordance with the NYISO Services Tariff.