Subcontractual relationships. 6.1 For the purpose of this DPA, subcontractual relationships are defined as any services that arise directly from the principal DPA performance. Not covered are any ancillary services ▇▇▇▇▇▇ makes use of such as telecommunications services, postal/delivery services, maintenance and user services or the disposal of data storage devices or any other measures aimed at ensuring confidentiality, availability, integrity and resilience of the hardware and software of data processing systems. ▇▇▇▇▇▇ is however obligated to enter into suitable and lawful contractual agreements and to implement control measures in connection with ancillary services in the interest of upholding data protection and data security in connection with Customer data. 6.2 The Customer agrees to the commissioning of the following subcontractors subject to a contractual agreement in accordance with Art. 28(2-4) GDPR: BELLIN Treasury Services Ltd. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ◼ ◼ ◼ ◼ BELLIN Cloud services (excl. “Treasury Connected”) Consulting Implementation Application support ▇▇▇▇▇▇ Treasury Alliances Ltd. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ Great Britain ◼ ◼ Consulting Implementation ▇▇▇▇▇▇ Treasury International GmbH ▇▇▇▇▇▇▇▇. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ◼ ◼ ◼ Customer relationship management Customer data maintenance Customer services (events, travel arrangements, marketing activities) ◼ BELLIN Cloud services for “Treasury Connected” 6.3 Outsourcing for processing personal data of the customer to a subcontractor or a change of subcontractor shall be permitted independent from section 6.2 provided that all of the following conditions are complied with: a) ▇▇▇▇▇▇ submits such an outsourcing to a subcontractor to the Customer in writing or at least in text form with appropriate advance notice. b) The Customer has not objected to the planned outsourcing within 14 days of receiving the notice due to good cause which shall be proven to ▇▇▇▇▇▇ (the right for the Customer to object the respective outsourcing shall expire, if the Customer does not object within 14 days of receiving the advance notice). c) this is governed by a contractual agreement in accordance with Art. 28(2-4) GDPR. d) in cases where a subcontractor performs the agreed service outside of the EU/the EEA or Switzerland, ▇▇▇▇▇▇ shall guarantee compliance with data protection provisions by means of relevant measures. The same applies if a service provider is to be commissioned pursuant to sentence 2 of Clause 6.1 of this DPA For any subsequent outsourcing by subcontractors the following preconditions shall be met: e) any subsequent outsourcing by subcontractors requires the express consent of ▇▇▇▇▇▇ (at a minimum in text form), and f) any and all contractual provisions in the contractual chain shall also apply to any additional contractors. The transfer of personal data from the Customer by ▇▇▇▇▇▇ to the subcontractor according to this Clause 6.3 and the subcontractor’s commencement of the data processing shall only be undertaken once compliance with all preceding requirements has been achieved.
Appears in 1 contract
Sources: Data Processing Agreement
Subcontractual relationships. 6.1 For the purpose of this DPA, subcontractual relationships are defined as any services that arise directly from the principal DPA performance. Not covered are any ancillary services ▇▇▇▇▇▇ makes use of such as telecommunications services, postal/delivery services, maintenance and user services or the disposal of data storage devices or any other measures aimed at ensuring confidentiality, availability, integrity and resilience of the hardware and software of data processing systems. ▇▇▇▇▇▇ is however obligated to enter into suitable and lawful contractual agreements and to implement control measures in connection with ancillary services in the interest of upholding data protection and data security in connection with Customer data.
6.2 The Customer agrees to the commissioning of the following subcontractors subject to a contractual agreement in accordance with Art. 28(2-4) GDPR: ▇▇▇▇▇▇ GmbH ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ◼ BELLIN Cloud services (excl. “Treasury Connected”) ◼ Consulting ◼ Implementation ◼ Application support BELLIN Treasury Services Ltd. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ◼ Consulting ◼ ◼ ◼ BELLIN Cloud services (excl. “Treasury Connected”) Consulting Implementation Application support ▇▇▇▇▇▇ Treasury Alliances Ltd. ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ Great Britain ◼ ◼ Consulting Implementation ▇▇▇▇▇▇ Treasury International GmbH ▇▇▇▇▇▇▇▇. ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ◼ ◼ ◼ Customer relationship management ◼ Customer data maintenance ◼ Customer services (events, travel arrangements, marketing activities) ◼ BELLIN Cloud services for “Treasury Connected”
6.3 Outsourcing for processing personal data of the customer to a subcontractor or a change of subcontractor shall be permitted independent from section 6.2 provided that all of the following conditions are complied with:
a) ▇▇▇▇▇▇ submits such an outsourcing to a subcontractor to the Customer in writing or at least in text form with appropriate advance notice.
b) The Customer has not objected to the planned outsourcing within 14 days of receiving the notice due to good cause which shall be proven to ▇▇▇▇▇▇ (the right for the Customer to object the respective outsourcing shall expire, if the Customer does not object within 14 days of receiving the advance notice).
c) this is governed by a contractual agreement in accordance with Art. 28(2-4) GDPR.
d) in cases where a subcontractor performs the agreed service outside of the EU/the EEA or Switzerland, ▇▇▇▇▇▇ shall guarantee compliance with data protection provisions by means of relevant measures. The same applies if a service provider is to be commissioned pursuant to sentence 2 of Clause 6.1 of this DPA For any subsequent outsourcing by subcontractors the following preconditions shall be met:
e) any subsequent outsourcing by subcontractors requires the express consent of ▇▇▇▇▇▇ (at a minimum in text form), and
f) any and all contractual provisions in the contractual chain shall also apply to any additional contractors. The transfer of personal data from the Customer by ▇▇▇▇▇▇ to the subcontractor according to this Clause 6.3 and the subcontractor’s commencement of the data processing shall only be undertaken once compliance with all preceding requirements has been achieved.
Appears in 1 contract
Sources: Data Processing Agreement (Dpa)