Processing personal details Sample Clauses

Processing personal details. A.11.1. The data that is automatically processed and possibly stored when using the Services may contain personal data. That is why both the Client and the Contractor fall under the General Data Protection Regulation (“GDPR”), whereby, according to the terminology of the GDPR, the Client is the 'controller' and the Contractor the 'processor'. A.11.2. If the Contractor processes personal data in the performance of the Services, Article 28 paragraph 3 GDPR obliges the Contractor and the Client to agree an agreement or other binding legal act with regard to the processing of personal data carried out by the Contractor on behalf of the Client. The provisions from Module F: Processing Agreement apply as a processing agreement within the meaning of the GDPR. A.11.3. If personal data is processed by the Contractor through the Services for which the Contractor independently determines the purpose and means, the provisions from Module F: Processing Agreement do not apply, since the Contractor carries out these processing operations in its role as "Controller". Article A.12. Staff A.12.1 Where an Employee has to perform activities at the Client’s site for the performance of the Agreement (unlike where the Client and the Contractor enter into an Agreement for the secondment of an Employee), the following provisions shall apply. A.12.2 The Client shall provide the Contractor’s Employee who, for the purposes of performing the Agreement, is performing activities at the Client’s site, with all the support necessary for the performance of the activities. The Client shall be obliged to do everything that is necessary to enable the Employee to carry out his work properly and safely. A.12.3 The Contractor shall undertake to ensure that the Employee has the correct job description and skills. The Client may not select specific Employees unless this has been agreed expressly. The Contractor shall be entitled to exchange an Employee for an Employee with comparable skills and a comparable job description. A.12.4 The Client may not limit access to certain Employees only. Nor is there any guarantee that the Client will be able to have a permanent team of Employees, where such is relevant. A.12.5 During the term of the Agreement and for two (2) years after its end, the Client shall not be permitted to employ Employees of the Contractor, enter into direct or indirect business relationships with them or arrange for them to perform activities other than within the framework of the Agr...