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17.5.3 obtain all necessary consents and/or provide all fair processing notices required under the Data
Protection Laws to enable the Company to lawfully receive, store, disclose and/or use all Agreement
Personal Data (whether by itself or Authorised Sub-Processors) for the purpose of performing its
obligations and exercising its rights under this EULA and as otherwise agreed by the parties from
time to time.
17.6
The Company:
17.6.1 may appoint Authorised Sub-Processors in connection with the performance of its obligation under
this EULA; and
17.6.2 shall provide notification of changes to Authorised Sub-Processors of Agreement Personal Data to the
Customer at least 14 calendar days in advance to provide the Customer with the opportunity to
object to the change. The Customer shall be deemed to accept the change if an objection is not
received within 10 calendar days of notification. If an objection is received then the parties will work
together in good faith to achieve an agreed outcome and any Authorised Sub-Processors appointed
shall be appointed on terms the same as this EULA and the Company shall remain liable for the acts
and omissions of such Authorised Sub-Processors.
17.7
The Company warrants that, if acting as a Data Processor, it shall:
17.7.1 Process the Agreement Personal Data only for the purpose of performing its obligations under this
EULA and on such documented instructions received from the Customer from time to time as are
reasonable, necessary and relevant to enable each party to perform its obligations under this EULA,
save where required by Applicable Law and in such case the Company shall notify the Customer of
the nature and extent of the Applicable Laws preventing such Processing (unless to do so would itself
be a contravention of any Applicable Law); and
17.7.2 put in place appropriate technical and organisational security measures to the standard required
under the Data Protection Law (“Security Measures”) and shall provide reasonable assistance with
any privacy impact assessment(s) that may be required of the Company under the Data Protection
Laws which relate to the Processing of Agreement Personal Data under this Agreement.
17.8
From the 25 May 2018, the Company warrants that, if acting as a Data Processor, it shall:
17.8.1 notify the Customer without undue delay after becoming aware of the accidental or unlawful
destruction, loss, alteration, unauthorised disclosure of, or access to, Agreement Personal Data
transmitted, stored or otherwise Processed (“Data Security Breach”). Where, and in so far as, it is
not possible to provide all the relevant information at the same time, the information may be
provided in phases without undue further delay;
17.8.2 except to Authorised Sub-Processors, not disclose the Agreement Personal Data to a third party save
as required for the performance of its obligations under this EULA, as otherwise provided under this
EULA, or as required by Applicable Law;
17.8.3 notify the Customer without undue delay of any notice or communication from the Supervisory
Authority which relates directly to the Processing of Agreement Personal Data;
17.8.4 ensure that any individual authorised to Process Agreement Personal Data on behalf of the Customer
is subject to appropriate statutory or contractual obligation of confidentiality;
17.8.5 will upon reasonable notice, no more than once in any one calendar year, subject to appropriate
confidentiality agreements being entered into, make available to the Customer all reasonable
information relating to the Processing of Agreement Personal Data necessary to demonstrate
compliance with the obligations set out in this EULA to the extent such information is not already
available to the Customer; and allow for and contribute to one audit in any one calendar year,
including inspection, conducted by the Customer or another auditor mandated by the Customer to
that same extent solely to the extent relevant to the Processing of Agreement Personal Data;
17.8.6 to the extent required by Data Protection Laws, notify and provide reasonable assistance to the
Customer on receiving any:
17.8.6.1
complaint by a Data Subject in respect of their Personal Data contained in the
Agreement Personal Data or any request received from a Data Subject to have
access to his Personal Data (or to exercise any other right(s) afforded to him under
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