CUSTOMER DATA AND PERSONAL DATA Clause Samples

CUSTOMER DATA AND PERSONAL DATA. 9.1. In this paragraph 9 “controller”, “processor”, “data subject”, and to “process” have the meanings given to them in the European Union Regulation 2016/679. 9.2. From time to time Customer may, at its discretion, provide Customer Data to D&B. Where Customer Data is provided to enable D&B to fulfill its obligations under an applicable Order, Customer grants D&B a limited non-exclusive revocable royalty free licence to use such Customer Data solely for the purpose(s) specified in an applicable Order. Where Customer Data is provided to D&B for the additional purpose of validating and/or enhancing D&B’s business information services, ("Validation Purposes"), Customer grants D&B a non- exclusive royalty free licence to use Customer Data for that purpose (D&B will not disclose the origin of Customer Data unless required by law). 9.3. Customer represents and warrants that (i) it has all necessary legal rights, title, consents and authority to provide Customer Data to D&B and (ii) any Customer Data which consists of or includes Personal Data about the financial standing of individuals has been obtained on terms that include a clear and prominent notice to its clients explaining that: (1) Customer may provide information about its clients’ accounts and identity to credit reference agencies and that such clients’ expressly consent to this; and (2) the credit reference agency may retain and use such information in conjunction with other information that it obtains in credit reference services that it provides to its other clients. 9.4. Customer is the controller and D&B is the processor with regard to any Personal Data supplied within Customer Data with the exception of the situation described in paragraph 9.2 above where D&B uses Customer Data for Validation Purposes in which case D&B will act as controller. 9.5. Where Customer Data includes Personal Data, D&B will process such Personal Data in accordance with the D&B EU Data Processing Agreement. which is incorporated herein. 9.6. In case of conflict between this MA, the D&B EU Data Processing Agreement and any Order the D&B EU Data Processing Agreement shall prevail in relation to D&B’s processing of Customer Data.

CUSTOMER DATA AND PERSONAL DATA. JCI’s collection, processing, and use of Customer Data (as defined in the TOS) is governed by the terms and conditions of the TOS, and the terms of the data processing addendum available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇ (the “DPA”) shall apply to the extent Customer Data includes Personal Data (as defined in the DPA). Customer consents to the processing of Personal Data by JCI and its Representatives to facilitate the subject matter of the Agreement. Customer may choose to provide Personal Data to JCI on behalf of third parties (including Customer’s contacts, resellers, distributors, administrators, and employees) as part of the Agreement. Customer shall obtain all required consents from third parties under applicable privacy and data protection Law before providing Personal Data to JCI. Personal Data collected through JCI Work may be transferred, stored and processed in the United States or any other country in which JCI or its Representatives maintain facilities.

CUSTOMER DATA AND PERSONAL DATA. 19.1 You are solely responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data. 19.2 In the remainder of this clause controller, processor, date subject, personal data, personal data breach, processing and appropriate technical measures shall have the meaning given in the Data Protection Legislation. 19.3 Both we and you agree to comply with our obligations under Data Protection Legislation and maintain all relevant registrations. You shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of the Contract. 19.4 If and to the extent that we process personal data in the capacity of a data processor in the course of performing the Contract, we will: (a) process that personal data only on the terms of the Contract and any additional written instructions issued by you, unless we are required by applicable laws to otherwise process that personal data; (b) ensure that all of our personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (c) not transfer any personal data outside of the UK unless the transfer is in accordance with the Data Protection Legislation; (d) 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 notifications, impact assessments and consultations with supervisory authorities or regulators; (e) notify you without undue delay on becoming aware of a personal data breach; (f) following your written direction, delete or return personal data and copies thereof to you on termination of the Contract unless required by applicable law to store the personal data; (g) maintain complete and accurate records and information to demonstrate our compliance with this clause 19.4; and (h) allow for audits by you or your designated auditor on not less than 3 weeks’ prior written notice and during our normal business hours, solely for the purpose of your verification of our compliance with this clause 19.4. 19.5 If and to the extent that each party will act an independent controller of personal data in connection with its sharing of personal data pursuant to this Agreement, each party shall: (a) ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the personal data to t...

CUSTOMER DATA AND PERSONAL DATA. 9.1. In this section “data controller”, “data processor”, “data subject”, “personal data” and to “process” have the meanings given to them in the Directive 95/46/EC (Data Protection). 9.2. From time to time Customer may, at its discretion, provide Customer Data to D&B. Where Customer Data is provided to enable D&B to fulfill its obligations under an applicable Order, Customer grants D&B a limited non-exclusive revocable royalty free licence to use such Customer Data solely for the purpose(s) specified in an applicable Order. Where Customer Data is provided to D&B for the additional purpose of validating and/or enhancing D&B’s business information services, Customer grants D&B a non-exclusive royalty free licence to use Customer Data for that purpose (D&B will not disclose the origin of Customer Data unless required by law). 9.3. Customer represents and warrants that (i) it has all necessary legal rights, title, consents and authority to provide Customer Data to D&B and (ii) any Customer Data which consists of or includes personal data about the financial standing of individuals has been obtained on terms that include a clear and prominent notice to its clients explaining that: (1) Customer may provide information about its clients’ accounts and identity to credit reference agencies and that such clients’ expressly consent to this; and (2) the credit reference agency may retain and use such information in conjunction with other information that it obtains in credit reference services that it provides to its other clients. 9.4. Customer is the data controller and D&B is the data processor with regard to any Customer supplied personal data.

CUSTOMER DATA AND PERSONAL DATA. You have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data and for the means by which You acquire Customer Data. You represent and warrant to Us that You have all rights, consents, permissions and legal authority as may be necessary to provide the Customer Data to Us and to authorize Us to process the Customer Data to provide the Services. We will only use Customer Data and Service Attributes to provide the Services to You, except with Your prior written consent or as otherwise expressly permitted under this Agreement, or unless otherwise required under applicable laws. We will not disclose Customer Data or Service Attributes outside of Athennian or Our Affiliates except (i) as You direct or as required to provide the Services, (ii) to Non-Athennian Applications and their providers as described in the section titled “Non-Athennian Providers”, (iii) to Our subcontractors and service providers to the extent reasonably necessary for the provision of the Services, including to third party intermediaries who assist in the provision of E-File Services, (iv) as otherwise described in this Agreement, or (v) as required by applicable laws. If We are required to disclose Customer Data by Applicable Law, then We will promptly notify You unless prohibited by law. Upon receipt of any other third-party request for Customer Data, We will promptly notify You unless prohibited by law. We will reject the request unless required by law to comply. If the request is valid, We will attempt to redirect the third party to request the Customer Data directly from You.

CUSTOMER DATA AND PERSONAL DATA. 3.1. The Customer shall (i) own all right, title and interest in and to all of the Customer Data and (ii) have sole responsibility for the legality, reliability, integrity, accuracy, timeliness and quality of the Customer Data which is inputted by the Customer, Authorised Users or by third parties, in each case on behalf of the Customer. Such inputted Customer Data is at the discretion of Customer as part of its use of the Services, which for illustrative purposes, may include configurations and settings in the Services. The Customer grants to CUBE, its Affiliates and subcontractors a non-exclusive royalty-free licence to use and store the Customer Data to the extent necessary to carry out its obligations under this Agreement, including the right to retain Customer Data following the termination of the Agreement and to make it available to an Office Holder in accordance with the Information Privacy Exhibit. Customer Data includes the Personal Data, as set forth in the Information Privacy Exhibit, required for CUBE to provide Services, including Support Services hereunder to Authorised Users. 3.2. The Customer must maintain full and regular back-ups of all Customer Data. CUBE will make back-up copies of the Customer Data on a daily basis during the Term and will retain only the latest back-up copy during the Term. In the event of any loss or damage to Customer Data, the sole and exclusive remedy of the Customer shall be for CUBE to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by CUBE. However, CUBE shall not be obliged to keep such back-ups, and shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party beyond CUBE’s obligation to restore lost or damaged Customer Data from the latest back-up of such Customer Data as set out in this 3.2.