Common use of Introduction and definitions Clause in Contracts

Introduction and definitions. The purpose of this Data Processing Agreement is to establish necessary terms and conditions to meet the requirements the General Data Protection Regulation (EU) 2016/679 (the “GDPR”). Axis will process personal data on behalf of Data Controller, and Axis is hereby appointed as a ‘data processor’ to Data Controller in the meaning of the GDPR. In the event of any conflict or inconsistency between this Data Processing Agreement and the Service Agreement regarding the processing of personal data, the provisions of this Data Processing Agreement shall prevail. Terms that are explicitly defined in the GDPR and used in this Data Processing Agreement, such as ”controller”, ”processor”, ”personal data”, ”processing” and ”data subject”, shall be construed and applied in accordance with the meaning set out in the GDPR. Lawful Processing Axis shall process personal data in accordance with this Data Processing Agreement, the Service Agreement and Data Controller’s documented instructions from time to time. Axis shall not process personal data for its own purposes or for any other purpose than what is set out in the Specification Annex. Axis may also process personal data if required to do so by Union or Member State law to which Axis is subject. Axis shall inform Data Controller of such legal requirement before processing personal data, unless the law prohibits such information. Instructions Data Controller’s instructions to Axis related to processing of personal data are exhaustively set out in this Data Processing Agreement. Data Controller may provide additional written instructions to Axis (an ”Additional Instruction”), and Axis has the corresponding obligation to follow such instructions, subject to this section 3 and provided that Data Controller reimburses Axis pursuant to section 11 below. Notwithstanding the foregoing, Axis may reject an Additional Instruction if Axis deems that (i) an Additional Instruction infringes the GDPR or other Union or Member State data protection provisions,