Customer as Data Controller. The Customer acknowledges that in relation to Personal Data supplied and/or processed under the Agreement it acts as Controller and it warrants that it will duly observe all of its obligations under all applicable laws and regulations of the European Union, the European Economic Area and their member states regarding the processing of Personal Data (collectively referred to as “Data Protection Laws”) including, without limitation, obtaining and maintaining all necessary notifications and obtaining and maintaining all necessary Data Subject Consents. The Customer shall (i) have sole responsibility for the accuracy, quality, integrity, legality and reliability of Personal Data and of the means by which it acquired Personal Data, (ii) ensure that data processing instructions given to Paygle comply with applicable Data Protection Laws, and (iii) comply with all applicable Data Protection Laws in collecting, compiling, storing, accessing and using Personal Data in connection with the Subscription Service. For the purposes of this Data Security Guide, “Personal Data”, “Controller”, “Data Subject” and “Data Subject Consent” shall have the meaning given to these terms in Directive 95/46/EC. For clarity, “process” or “processing” means any operation or set of operations performed upon Customer Data.
Customer as Data Controller. To the extent Customer Data constitutes Personal Data, the Parties agree that Customer shall be deemed to be the Data Controller and Playvox shall be deemed to be the Data Processor, as those terms are understood under the Applicable Data Protection Law. Customer acknowledges and agrees that Playvox may use subprocessors, who may access Customer’s Data and Usage Data, to provide, secure, and improve the Services. If applicable, Playvox’s Data Processing Addendum can be executed by the Parties and, if executed, will be attached hereto as Addendum A (the “DPA”). Upon execution by the Parties, if applicable, the DPA is hereby incorporated by reference into the terms of this Agreement.
Customer as Data Controller. The Parties acknowledge that in order for the Customer to utilize the rights granted to it under Section 2.1 of this Exhibit and for CSG to provide Customer with Ascendon SaaS Services, it is necessary for Customer to disclose to CSG certain Consumer Information, which Consumer Information will be processed and stored (subject to the terms of this Exhibit, the Agreement and applicable law) [** *** ****** ******]. The Parties further acknowledge that with respect to the Consumer Information, (a) Customer acts as a “[**** **********]” (or an equivalent term under applicable law) with respect to all Consumer Information and (b) CSG acts as a “[**** *********]” (or an equivalent term under applicable law), on behalf of and pursuant to, the instructions of Customer in order to comply with its obligations under the Agreement, each Order Document and under applicable law. For purposes of the Ascendon Services, Section 10.5(f) of the Agreement will not apply, and except and to the extent agreed by Customer in an Order Document or other written agreement executed by the Parties, none of the Ascendon Services may be provided from [******* *** ****** ******; provided, however, nothing shall preclude CSG from hosting an ************* ******* **** ******* *** ****** ******] to answer and respond to Incident Reports (as defined in Section 1 of Attachment 4) so long as such [********* ******* *** ****** ****** do not, without Customer’s prior written consent (email acceptable), ******* ********* ** *****] any Consumer Information or Consumer Usage Data.
Customer as Data Controller. The Parties acknowledge that in order for the Customer to utilize the rights granted to it under Section 2.1 of this Exhibit and for CSG to provide Customer with Ascendon SaaS Services, it is necessary for Customer to disclose to CSG certain Consumer Information, which Consumer Information will be processed and stored (subject to the terms of this Exhibit, the Agreement and applicable law) in the United States. The Parties further acknowledge that with respect to the Consumer Information, (a) Customer acts as a “data controller” (or an equivalent term under applicable law) with respect to all Consumer Information and (b) CSG acts as a “data processor” (or an equivalent term under applicable law), on behalf of and pursuant to, the instructions of Customer in order to comply with its obligations under the Agreement, each Order Document and under applicable law. For purposes of the Ascendon Services, Section 10.5(f) of the Agreement will not apply, and except and to the extent agreed by Customer in an Order Document or other written agreement executed by the Parties, none of the Ascendon Services may be provided from outside the United States; provided, however, nothing shall preclude CSG from hosting an International Support Desk outside the United States to answer and respond to Incident Reports (as defined in Section 1 of Attachment 4) so long as such personnel outside the United States do not, without Customer’s prior written consent (email acceptable), access, download, or print any Consumer Information or Consumer Usage Data.
