Privacy policy
Extract from Clause 10 of ADRIANA DICKSON Terms of Service.
10.1 The following definition shall apply to this clause 10: Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
10.2 Both of us, in so far as is required agree that we will comply with all applicable requirements of the Data Protection Legislation. This clause 10 is in addition to and does not remove or replace, a party's obligations under the Data Protection Legislation.
10.3 For the purposes of the Data Protection Legislation you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings defined in the Data Protection Legislation).
10.4 Without prejudice to the generality of clause 10.2 you will ensure that you have all necessary appropriate consent and notice sin place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
10.5 Without prejudice to the generality of clause 10.2 we warrant and undertake that we shall, in relation to any Personal Data processed in connection with this agreement:
10.5.1 process the Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union to process Personal Data. Where we rely on the laws of a member of the European Union or European Union law as the basis for processing Personal Data we shall notify you of this before performing the processing required by those laws unless those laws prohibit us from doing so;
10.5.2 ensure that we have the appropriate technical and organisation measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage of the Personal Data;
10.5.3 ensure that all personnel who have access to and / or process the Personal Data are obliged to keep the Personal Data confidential; and
10.5.4 not to transfer any Personal Data outside of the EEA without your prior written consent and ensuring the following conditions are met:
10.5.4.1 you or we have provided appropriate safeguards in relation to the transfer;
10.5.4.2 the data subject enforceable rights and effective legal remedies;
10.5.4.3 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
10.5.4.4 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data.
10.5.5 assist you at your cost in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notification, impact assessments and consultations with supervisory authorities;
10.5.6 notify you without undue delay on becoming aware of a Personal Data breach;
10.5.7 at your written request return or delete Personal Data and copies of Personal Data on termination of the agreement unless required by law to retain them;
10.5.8 maintain complete and accurate records and information to demonstration compliance with clause 10.
10.6 You and us agree to indemnify and keep indemnified and defend at their own expense the other against all costs, claims, damages or expenses incurred by the other party for which the other party may become liable due to any failure by the other party or its employees or agents to comply with any of its obligations under this clause 10.