Common use of Your Content and Data Clause in Contracts

Your Content and Data. 4.1. For the purposes of this clause 4, the terms “data controller”, “data processor”, “personal data”, and “processing” shall have the meanings given in the Data Protection Act 1998 (“DPA“). References to Your personal data include the personal data of the Authorised Users. 4.2. You shall own all rights, title and interest in and to all of Your Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Content. 4.3. We shall not be responsible for backing up Your Content unless You’ve chosen that option from Our Service Descriptions in Your Order Form, in which case We shall follow Our backup procedures for Your Content as set out in such Service Description (as amended by Us from time to time). Where We have agreed to back up Your content, in the event of any loss or damage to Your Content, Your sole and exclusive remedy shall be for Us to Use reasonable commercial endeavours to restore Your Content which has been lost or damaged from the latest back-up of Your Content maintained by Us in accordance with such backup procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Content caused by any third party (except those third parties sub- contracted by Us to perform services related to maintenance and backup of Your Content). 4.4. Where We process any personal data on Your behalf when performing Our obligations under this Agreement, You shall be the data controller and We shall be a data processor and: (a) You shall ensure that You are entitled to transfer the relevant personal data to Us so that We may lawfully Use, process and transfer such personal data in accordance with this Agreement on Your behalf; (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such Use, processing, and transfer as required by all applicable data protection legislation; (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA and any lawful instructions reasonably given by You from time to time; and (d) each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.5. We shall collect and store Usage Data. Subject to Our right to Use Aggregate Usage Data, We shall have no right to Use any Usage Data except for the purposes of complying with Our obligations under this Agreement or as expressly provided in this Agreement. 4.6. You hereby grant Us a non-exclusive royalty free, perpetual, worldwide licence to Use, copy and distribute the Aggregate Usage Data for the purposes of improving the operation of Our services, performing statistical analysis, and marketing and promoting Our services, subject always to Our compliance with applicable legislation in the collection and Use of such Aggregate Usage Data. 4.7. We receive and process personal data that You supply to Us in Order Forms, through corresponding with Us, or in any other way, including without limitation Your, name, age, sex, postal address, phone and fax number, e-mail details, and those of Authorised Users. 4.8. We may disclose Your personal data to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 4.9. We (or third party data processors acting on Our behalf) may collect, store and Use Your personal data for the following purposes: (a) to provide You with Services that You request and to fulfil Our contractual obligations to You; (b) to notify You about changes to Our Services; and (c) to contact You (including by SMS and e-mail) with information, products or services which We think may interest You. 4.10. We may also disclose Your personal information to third parties: (a) in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets; (b) if WR Logic or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets; and (c) if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply this Agreement; or to protect the rights, property, or safety of WR Logic, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 4.11. You have the following rights: (a) the right to ask Us to provide You with copies of personal data that We hold about You at any time, subject to a fee specified by law; (b) the right to ask Us to update and correct any out- of-date or incorrect personal data that We hold about You free of charge; and (c) the right to opt out of any marketing communications that We may send You. If You wish to exercise any of the above rights, please contact Us at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇

Appears in 2 contracts

Sources: Cloud Services Agreement, Cloud Services Agreement

Your Content and Data. 4.1. 3.1 For the purposes of this clause 43, the terms "data controller", "data processor", "personal data", and "processing" shall have the meanings given in the Data Protection Act 1998 ("DPA"), as may be superseded by the General Data Protection Regulation. References to Your personal data include the personal data of the Authorised Users. 4.2. 3.2 You shall own all rights, title and interest in and to all of Your Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Content. 4.3. We shall not be responsible for backing up Your Content unless You’ve chosen that option from Our Service Descriptions in Your Order Form, in which case We shall follow Our backup procedures for Your Content as set out in such Service Description (as amended by Us from time to time). Where We have agreed to back up Your content, in the event of any loss or damage to Your Content, Your sole and exclusive remedy shall be for Us to Use reasonable commercial endeavours to restore Your Content which has been lost or damaged from the latest back-up of Your Content maintained by Us in accordance with such backup procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Content caused by any third party (except those third parties sub- contracted by Us to perform services related to maintenance and backup of Your Content). 4.4. 3.3 Where We process any personal data on Your behalf when performing Our obligations under this Agreement, You shall be the data controller and We shall be a data processor and: (a) You shall ensure that You are entitled to transfer the relevant personal data to Us so that We may lawfully Useuse, process and transfer such personal data in accordance with this Agreement on Your behalf; (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such Use, processing, and transfer as required by all applicable data protection legislation; (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA DPA, any superseding regulation, and any lawful instructions reasonably given by You from time to time; and (dc) each Each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.5. 3.4 We shall collect and store Usage Data. Subject to Our right to Use use Aggregate Usage Data, We shall have no right to Use use any Usage Data except for the purposes of complying with Our obligations under this Agreement or as expressly provided in this Agreement. 4.6. 3.5 You hereby grant Us a non-exclusive royalty free, perpetual, worldwide licence to Useuse, copy and distribute the Aggregate Usage Data for the purposes of improving the operation of Our servicesServices, performing statistical analysis, and marketing and promoting Our servicesServices, subject always to Our compliance with applicable legislation in the collection and Use use of such Aggregate Usage Data. 4.7. 3.6 We receive and process personal data that You supply to Us in Order Forms, through corresponding with Us, or in any other way, including without limitation Your, name, age, sex, postal address, phone and fax number, e-mail details, and those of Authorised Users. 4.8. We may disclose Your personal data to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 4.9. We (or third party data processors acting on Our behalf) may collect, store and Use use Your personal data for the following purposes: (a) to To provide You with Services that You request and to fulfil Our contractual obligations to You;; and (b) to notify To tell You about changes to Our Services; and (c) to contact You (including by SMS and e-mail) with information, products or services which We think may interest You. 4.10. We may also disclose Your personal information to third parties: (a) in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets; (b) if WR Logic or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets; and (c) if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply this Agreement; or to protect the rights, property, or safety of WR Logic, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 4.11. 3.7 You have the following rights: (a) the The right to ask Us to provide You with copies of personal data that We hold about You at any time, subject to a fee specified by law; (b) the The right to ask Us to update and correct any out- out-of-date or incorrect personal data that We hold about You free of charge; (c) The right to ask Us about any of Your personal data that we hold about you; and (cd) the The right to opt out of any marketing communications that We may send You. If You wish to exercise any of the above rights, please contact Us at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇

Appears in 2 contracts

Sources: G Cloud 12 Terms and Conditions, G Cloud 12 Terms and Conditions

Your Content and Data. 4.1. 3.1 For the purposes of this clause 4Clause 3 Controller, the terms “data controller”Processor, “data processor”Data Subject, personal data, and “processing” shall have special categories of personal data, Personal Data Breach, Data Protection Officer take the meanings meaning given in the Data Protection Act 1998 (Legislation, and DPA“). References Personal Data” shall be deemed to Your mean both personal data include and special categories of personal data; DPA 2018 means the personal data of Data Protection Act 2018; GDPR means the Authorised UsersGeneral Data Protection Regulation (Regulation (EU)2016/679); Sub-processor means any third party appointed by the Us to process Personal Data related to this Agreement. 4.2. 3.2 You shall own all rights, title and interest in and to all of Your Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Content. 4.3. 3.3 We shall not be responsible for backing up Your Content unless You’ve chosen that option from Our this is either a feature included as part of the Service Descriptions in Your Order Formor where it is not, in which case You have explicitly identified this as a requirement either via the order form or by raising a support ticket with Us and this having been accepted. Where backup is chosen, We shall follow Our backup procedures for Your Content as set out in such Service Description (as amended Definition. 3.4 The Parties acknowledge that for the purpose of Data Protection Legislation, You are the Controller and We are the Processor. The only Processing that We are authorised to do is listed in Appendix G by Us from time to time). Where We have agreed to back up Your content, in the event of any loss or damage to Your Content, Your sole You and exclusive remedy shall be for Us to Use reasonable commercial endeavours to restore Your Content which has been lost or damaged from the latest back-up of Your Content maintained by Us in accordance with such backup procedure. We shall may not be responsible for any loss, destruction, alteration or disclosure of Your Content caused determined by any third party (except those third parties sub- contracted by Us to perform services related to maintenance and backup of Your Content)Us. 4.4. Where We process any personal data on Your behalf when performing Our obligations under this Agreement, You shall be the data controller and We shall be a data processor and: (a) You shall ensure that You are entitled to transfer the relevant personal data to Us so that We may lawfully Useuse, process and transfer such personal data in accordance with this Agreement on Your behalf; (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such Useuse, processing, and transfer as required by all applicable data protection legislation; (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA and any lawful instructions reasonably given by You from time to time; and (d) each Each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.5. 3.5 We shall collect and store Usage Data. Subject to Our right to Use use Aggregate Usage Data, We shall have no right to Use use any Usage Data except for the purposes of complying with Our obligations under this Agreement or as expressly provided in this Agreement. 4.6. 3.6 You hereby grant Us a non-exclusive royalty free, perpetual, worldwide licence to Useuse, copy and distribute the Aggregate Usage Data for the purposes of improving the operation of Our services, performing statistical analysis, and marketing and promoting Our services, subject always to Our compliance with applicable legislation in the collection and Use use of such Aggregate Usage Data. 4.7. 3.7 We receive and process personal data that You supply to Us in Order Forms, through corresponding with Us, or in any other way, including without limitation Your, name, age, sex, postal address, phone and fax number, e-mail details, and those of Authorised Users. 4.8. We may disclose Your personal data to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 4.9. We (or third party data processors acting on Our behalf) may collect, store and Use use Your personal data for the following purposes: (a) to To provide You with Services that You request and to fulfil Our contractual obligations to You;; and (b) to To notify You about changes to Our Services; and (c) to contact You (including by SMS and e-mail) with information, products or services which We think may interest You. 4.10. We may also disclose Your personal information to third parties: (a) in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets; (b) if WR Logic or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets; and (c) if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply this Agreement; or to protect the rights, property, or safety of WR Logic, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 4.11. 3.8 You have the following rights: (a) the The right to ask Us to provide You with copies of personal data that We hold about You at any time, subject to a fee specified by law; (b) the The right to ask Us to update and correct any out- out-of-date or incorrect personal data that We hold about You free of charge; c) The right to ask Us about any of Your personal data that we hold about you; and (cd) the The right to opt out of any marketing communications that We may send You. If You wish to exercise any of the above rights, please contact Us at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇

Appears in 2 contracts

Sources: G Cloud 12 Terms and Conditions, G Cloud 12 Terms and Conditions

Your Content and Data. 4.1. For the purposes of this clause 4, the terms “data controller”, “data processor”, “personal data”, and “processing” shall have the meanings given in the Data Protection Act 1998 (“DPA“). References to Your personal data include the personal data of the Authorised Users. 4.2. 6.1 You shall own all rights, title and interest in and to all of Your Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Content. 4.3. 6.2 We shall not be responsible for backing up Your Content unless You’ve chosen that option from Our Service Descriptions in Your Order Form, in which case We shall follow Our backup procedures for Your Content as set out in such Service Description (as amended by Us from time to time). Where We have agreed to back up Your content, in the event of any loss or damage to Your Content, Your sole and exclusive remedy shall be for Us to Use reasonable commercial endeavours to restore Your Content which has been lost or damaged from the latest back-up of Your Content maintained by Us in accordance with such backup procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Content caused by any third party (except those third parties sub- sub-contracted by Us to perform services related to maintenance and backup of Your Content). 4.4. 6.3 Where We process Our Software Program processes any personal data on Your behalf when performing Our obligations under this Agreement, You shall be the data controller and We shall be a data processor and: (a) You shall ensure that You are entitled to transfer the relevant personal data to Us so that We may lawfully Use, process and transfer such personal data in accordance with this Agreement on Your behalf; (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such Use, processing, and transfer as required by all applicable data protection legislation; (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA Data Protection Act and any lawful instructions reasonably given by You from time to time; and (d) each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.5. We shall collect 6.4 The Software Program receives and store Usage Data. Subject to Our right to Use Aggregate Usage Data, We shall have no right to Use any Usage Data except for the purposes of complying with Our obligations under this Agreement or as expressly provided in this Agreement. 4.6. You hereby grant Us a non-exclusive royalty free, perpetual, worldwide licence to Use, copy and distribute the Aggregate Usage Data for the purposes of improving the operation of Our services, performing statistical analysis, and marketing and promoting Our services, subject always to Our compliance with applicable legislation in the collection and Use of such Aggregate Usage Data. 4.7. We receive and process personal processes data that You supply to Us in Order Forms, through corresponding with Us, or in any other way, including without limitation Your, name, age, sex, postal address, phone and fax number, e-mail details, and those of Authorised Usersauthorised users. 4.8. 6.5 We may disclose Your personal data to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 4.9. 6.6 We (or third party data processors acting on Our behalf) may collect, store and Use Your personal data for the following purposes: (a) to provide You with Services that You request and to fulfil Our contractual obligations to You; (b) to notify You about changes to Our Services; and (c) to contact You (including by SMS and e-mail) with information, products or services which We think may interest You. 4.10. We may also disclose Your personal information to third parties: (ad) in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets; (b) if WR Logic or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets; and (c) if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply this Agreement; or to protect the rights, property, or safety of WR Logic, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 4.11. You have the following rights: (a) the right to ask Us to provide You with copies of personal data that We hold about You at any time, subject to a fee specified by law; (b) the right to ask Us to update and correct any out- of-date or incorrect personal data that We hold about You free of charge; and (c) the right to opt out of any marketing communications that We may send You. If You wish to exercise any of the above rights, please contact Us at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇Data Extraction/Removal

Appears in 1 contract

Sources: Customer Agreement

Your Content and Data. 4.1. 3.1 For the purposes of this clause 43, the terms "data controller", "data processor", "personal data", and "processing" shall have the meanings given in the Data Protection Act 1998 ▇▇▇ ▇▇▇▇ ("DPA"). References to Your personal data include the personal data of the Authorised Users. 4.2. 3.2 You shall own all rights, title and interest in and to all of Your Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Content. 4.3. 3.3 We shall not be responsible for backing up Your Content unless You’ve chosen that option from Our this is a either a feature included as part of the Service Descriptions in Your Order Formor where it is not, in which case You have explicitly identified this as a requirement either via the order form or by raising a support ticket with Us and this having been accepted. Where backup is chosen, We shall follow Our backup procedures for Your Content as set out in such Service Description (as amended by Us from time to time). Where We have agreed to back up Your content, in the event of any loss or damage to Your Content, Your sole and exclusive remedy shall be for Us to Use reasonable commercial endeavours to restore Your Content which has been lost or damaged from the latest back-up of Your Content maintained by Us in accordance with such backup procedure. We shall not be responsible for any loss, destruction, alteration or disclosure of Your Content caused by any third party (except those third parties sub- contracted by Us to perform services related to maintenance and backup of Your Content)Definition. 4.4. 3.4 Where We process any personal data on Your behalf when performing Our obligations under this Agreement, You shall be the data controller and We shall be a data processor and: (a) You shall ensure that You are entitled to transfer the relevant personal data to Us so that We may lawfully Use, process and transfer such personal data in accordance with this Agreement on Your behalf; (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such Useuse, processing, and transfer as required by all applicable data protection legislation; (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA and any lawful instructions reasonably given by You from time to time; and (d) each Each Party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. 4.5. 3.5 We shall collect and store Usage Data. Subject to Our right to Use Aggregate Usage Data, We shall have no right to Use any Usage Data except for the purposes of complying with Our obligations under this Agreement or as expressly provided in this Agreement. 4.6. 3.6 You hereby grant Us a non-exclusive royalty free, perpetual, worldwide licence to Use, copy and distribute the Aggregate Usage Data for the purposes of improving the operation of Our services, performing statistical analysis, and marketing and promoting Our services, subject always to Our compliance with applicable legislation in the collection and Use of such Aggregate Usage Data. 4.7. 3.7 We receive and process personal data that You supply to Us in Order Forms, through corresponding with Us, or in any other way, including without limitation Your, name, age, sex, postal address, phone and fax number, e-mail details, and those of Authorised Users. 4.8. We may disclose Your personal data to any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. 4.9. We (or third party data processors acting on Our behalf) may collect, store and Use Your personal data for the following purposes: (a) to To provide You with Services that You request and to fulfil Our contractual obligations to You;; and (b) to To notify You about changes to Our Services; and (c) to contact You (including by SMS and e-mail) with information, products or services which We think may interest You. 4.10. We may also disclose Your personal information to third parties: (a) in the event that We sell or buy any business or assets, in which case We may disclose Your personal data to the prospective seller or buyer of such business or assets; (b) if WR Logic or substantially all of Our assets are acquired by a third party, in which case personal data held by Us about Our customers will be one of the transferred assets; and (c) if We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply this Agreement; or to protect the rights, property, or safety of WR Logic, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. 4.11. You have the following rights: (a) the right to ask Us to provide You with copies of personal data that We hold about You at any time, subject to a fee specified by law; (b) the right to ask Us to update and correct any out- of-date or incorrect personal data that We hold about You free of charge; and (c) the right to opt out of any marketing communications that We may send You. If You wish to exercise any of the above rights, please contact Us at ▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇

Appears in 1 contract

Sources: G Cloud Terms and Conditions