Common use of Data Protection and Processing Clause in Contracts

Data Protection and Processing. In the course of providing the Services, Dealer will process data on behalf of Customer. Some of the data may be considered “personal data” (within the meaning of the General Data Protection Regulation (EU) 2016/679, the “GDPR”). Customer is the “data controller” with regard to such processing and Dealer is the Customer’s “data processor”. Dealer may use sub-processors for such processing, including, but not limited to, Volvo Construction Equipment AB (“Volvo CE”), Volvo Information Technology AB (“Volvo IT”) and HCL Technologies Limited (“HCL”) and HCL Technologies Sweden AB (“HCL Sweden”). Appendices 2 and 3 set out the conditions for such processing. Notwithstanding the above, each Dealer and Volvo CE shall have the right to process and use data (both personal data and other data) from Machines and the Services for its own purposes. To the extent such processing involves personal data, Dealer and Volvo CE respectively are each the “data controller”. Customer agrees to assist the Dealer and/or Volvo CE, if requested to do so, in the provision of information to or obtaining consents of the data subjects relating to the processing activities undertaken by Dealer and/or Volvo CE as data controllers. Customer consents to that Dealer and Volvo CE may use personal data collected under this Agreement for marketing of Dealer (Machines and Services). This consent given by Customer may be revoked at any time with effect for the future by terminating this Agreement as provided for herein. By signing this Agreement or by downloading, accessing, installing or otherwise using the Services or the relevant internet based portals or Application Programming Interfaces, Customer acknowledges that Customer has read and understood this Agreement, has all necessary authorisations to enter into the Agreement and to enable Dealer, Volvo CE and Volvo Group companies to undertake the activities foreseen in this Agreement and agrees to be bound by its terms and conditions, as amended from time to time. The following Appendices constitute an integrated part of this Agreement: