Common use of Organisation Data Clause in Contracts

Organisation Data. a. The Organisation shall own all right, title and interest in and to all of the Organisation Data and shall have sole responsibility for the legality, reliability, integrity, accuracy backing up and quality of the Organisation Data. b. Groupcall shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Organisation Data from time to time in force. c. If Groupcall processes any personal data on the Organisation's behalf when performing its obligations under this agreement, the parties record their intention that the Organisation shall be the data controller and Groupcall shall be a data processor and in any such case: i. the Organisation acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Organisation and the Authorised Users are located in order to carry out the Services and Groupcall's other obligations under this agreement; ii. the Organisation shall ensure that the Organisation is entitled to securely transfer the relevant personal data to Groupcall so that Groupcall may lawfully use, process and transfer the personal data in accordance with this agreement on the Organisation's behalf; iii. the Organisation shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; iv. Groupcall shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Organisation from time to time; and v. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage. d. The Organisation shall indemnify and hold Groupcall harmless from and against any and all Losses to the extent arising from or related to Organisation Data (except to the extent that any such claim, demand or action arose out of or is in connection with Groupcall’s intentional misuse of, infringement of, or gross negligence or willful misconduct in relation to Organisation Data). "Losses" shall mean all fines, penalties, liabilities, direct damages and claims, and all reasonable and related costs and expenses (including reasonable legal fees, disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties). It is the Organisation’s sole responsibility to encrypt the Organisation Data other than data stated in the Cloud Based Service.