Common use of Customer Data Use Clause in Contracts

Customer Data Use. 16.1 Parties shall, each acting as a controller as defined in the GDPR, process Customer Data. Each of the Parties warrants that it shall process the personal data, within the context of the performance of the Agreement in compliance with the GDPR. This means, inter alia, that the Merchant shall implement adequate security measures to prevent loss of, or unauthorized access to, Customer Data or any other form of unlawful processing, and the Merchant shall inform its customers, employees and other persons working for them, and relevant ultimate beneficiary owners on the processing of their Customer Data by ▇▇▇▇▇ in the context of the performance of the Agreement. Merchant shall be solely responsible for obtaining the consent of its customers, employees and other persons working for them, and relevant ultimate beneficiary owners, if required, for the collection or use of Customer Data in accordance with the GDPR. 16.2 Each Party will provide the other Party with such assistance and co-operation as it reasonably requests to enable the requesting Party to comply with any obligations imposed on it by the GDPR in relation to the processing of the Customer Data. A Party will be entitled to refuse or limit its assistance where the requesting Party is in the position to fulfil the obligations without that Party’s assistance. 16.3 The Merchant is the party that has direct contact with the Customer, employee or other persons working for them, or their ultimate beneficiary owners. Therefore, the Merchant shall, also on behalf of ▇▇▇▇▇, provide its customer and, where relevant, an employee or other persons working for them, and their business’ ultimate beneficiary owners whose Customer Data are provided to ▇▇▇▇▇ for entering into or the performance of the Agreement, with all necessary information on the processing of their Customer Data in accordance with the GDPR. The Merchant will inform its customer, employee or other persons working for them, or their ultimate beneficiary owners inter alia (i) that ▇▇▇▇▇ and the Merchant are each controllers in relation to the processing of their Customer Data, (ii) which Customer Data will be processed, (iii) what the purposes are for the data processing activities, and (iv) any other information necessary under the GDPR, including the information referred to in articles 13 and 14 of the GDPR. The Merchant will follow SEPAY’s reasonable instructions with respect to the processing of Customer Data by ▇▇▇▇▇ and will bring SEPAY’s privacy notice, as published on SEPAY’s website, to the attention of their customers, employees or other persons working for them and their ultimate beneficiary owners. 16.4 The Merchant shall inform ▇▇▇▇▇, without undue delay, if a customer, or employee or other persons working for them, an ultimate beneficiary owner or other data subject exercises, or seeks to exercise, its rights to access, rectification, erasure, objection, restriction of processing, data portability, or the right to object an automated authorization, as well as other rights recognized by the GDPR, or files a complaint or claim that is related to the processing of their personal data by ▇▇▇▇▇. The Merchant will also follow SEPAY’s reasonable instructions in the context of handling such requests, complaints, or claims. 16.5 Unless expressly stated otherwise in the Agreement, in the event of any conflict between the other provisions of the Agreement and this article of the Terms and Conditions, this article will prevail. 16.6 All notices and other communications between the Parties with respect to this article must be provided by email to: (a) in the case of ▇▇▇▇▇, the e-mail address dedicated by ▇▇▇▇▇ for this purpose ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇ and (b) in the case of the Merchant, via Merchant’s e-mail address known to ▇▇▇▇▇, except formal notices in legal proceedings or termination which must be provided in accordance with the notice provisions in the Terms and Conditions.

Customer Data Use. 16.1 Parties Partes shall, each acting actng as a controller as defined defned in the GDPR, process Customer Data. Each of the Parties Partes warrants that it shall process the personal data, within the context of the performance of the Agreement in compliance with the GDPR. This means, inter alia, that the Merchant shall implement adequate security measures to prevent loss of, or unauthorized access to, Customer Data or any other form of unlawful processing, and the Merchant shall inform its customers, employees and other persons working for them, and relevant ultimate beneficiary ultmate benefciary owners on the processing of their Customer Data by ▇▇▇▇▇ in the context of the performance of the Agreement. Merchant shall be solely responsible for obtaining the consent of its customers, employees and other persons working for them, and relevant ultimate beneficiary ultmate benefciary owners, if required, for the collection collecton or use of Customer Data in accordance with the GDPR. 16.2 Each Party will provide the other Party with such assistance and co-operation operaton as it reasonably requests to enable the requesting requestng Party to comply with any obligations obligatons imposed on it by the GDPR in relation relaton to the processing of the Customer Data. A Party will be entitled enttled to refuse or limit its assistance where the requesting requestng Party is in the position positon to fulfil fulfl the obligations obligatons without that Party’s assistance. 16.3 The Merchant is the party that has direct contact with the Customer, employee or other persons working for them, or their ultimate beneficiary ultmate benefciary owners. Therefore, the Merchant shall, also on behalf of ▇▇▇▇▇, provide its customer and, where relevant, an employee or other persons working for them, and their business’ ultimate beneficiary ultmate benefciary owners whose Customer Data are provided to ▇▇▇▇▇ for entering into or the performance of the Agreement, with all necessary information informaton on the processing of their Customer Data in accordance with the GDPR. The Merchant will inform its customer, employee or other persons working for them, or their ultimate beneficiary ultmate benefciary owners inter alia (i) that ▇▇▇▇▇ and the Merchant are each controllers in relation relaton to the processing of their Customer Data, (ii) which Customer Data will be processed, (iii) what the purposes are for the data processing activitiesactvites, and (iv) any other information informaton necessary under the GDPR, including the information informaton referred to in articles artcles 13 and 14 of the GDPR. The Merchant will follow SEPAY’s reasonable instructions instructons with respect to the processing of Customer Data by ▇▇▇▇▇ and will bring SEPAY’s privacy noticenotce, as published on SEPAY’s website, to the attention atenton of their customers, employees or other persons working for them and their ultimate beneficiary ultmate benefciary owners. 16.4 The Merchant shall inform ▇▇▇▇▇, without undue delay, if a customer, or employee or other persons working for them, an ultimate beneficiary ultmate benefciary owner or other data subject exercises, or seeks to exercise, its rights to access, rectificationrectfcaton, erasure, objectionobjecton, restriction restricton of processing, data portability, or the right to object an automated authorizationauthorizaton, as well as other rights recognized by the GDPR, or files fles a complaint or claim that is related to the processing of their personal data by ▇▇▇▇▇. The Merchant will also follow SEPAY’s reasonable instructions instructons in the context of handling such requests, complaints, or claims. 16.5 Unless expressly stated otherwise in the Agreement, in the event of any conflict confict between the other provisions of the Agreement and this article artcle of the Terms and ConditionsConditons, this article artcle will prevail. 16.6 All notices notces and other communications communicatons between the Parties Partes with respect to this article artcle must be provided by email to: (a) in the case of ▇▇▇▇▇, the e-mail address dedicated by ▇▇▇▇▇ for this purpose ▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇ and (b) in the case of the Merchant, via Merchant’s e-mail address known to ▇▇▇▇▇, except formal notices notces in legal proceedings or termination terminaton which must be provided in accordance with the notice notce provisions in the Terms and ConditionsConditons.