In this clause “DATA CONTROLLER”, “DATA PROCESSOR”, “DATA SUBJECT”, “PERSONAL DATA” and “PROCESS” shall have the meanings ascribed to them in the GDPR.
The parties shall comply with all applicable requirements of the GDPR Data Protection legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations under the GDPR data protection legislation.
I-NET may use any information supplied by the customer for providing the services or for any other purpose permissible by law.
I-NET shall be entitled to make the customer's name, address and telephone number available to the emergency services.
The parties acknowledge that in respect of any personal data that I-NET processes in the course of providing the services under this agreement, that I-NET is a data processor or sub-processor and the customer is a controller or processor.
The customer acknowledges and agrees that I-NET may record (including recording telephone conversations), collect, keep and maintain personal data from customer's users for the purposes of:
(i) Providing the services;
(ii) For compliance with its obligations under the GDPR data protection legislation; Or
(iii) For training and quality purposes.
When the customer acts as a controller. The customer warrants that for the duration and purposes of this agreement it:
(a) Will hold, as long as provided for in the GDPR Data Protection legislation, a valid data protection registration;
(b) Will be in full compliance with all applicable requirement of the GDPR Data Protection legislation; And
(c) Has all necessary appropriate consents and notices in place to enable lawful transfer of personal data from it users to enable I-NET to process any personal data and perform its obligations.
When the customer acts as a processor (or a sub-processor) of a controller and I-NET acts as a sub-processor of the customer, the customer warrants that it has obtained all necessary consents from the controller (or from the relevant third party), in accordance with GDPR Data Protection legislation for the processing of the personal data by I-NET in accordance with the agreement.
The customer shall indemnify I-NET against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by I-NET arising out of or in connection with:
(i) The customer's breach of its warranties and obligations in this clause, and/or the GDPR Data Protection legislation; Or
(ii) I-NET’s actions or omissions resulting from the customer's instructions.
I-NET shall be entitled to charge the customer for its assistance with a data subject request; or during a data breach (unless the data breach is directly attributable to I-NET); At I-NET’s standard rate card. Each party shall take reasonable steps to ensure the reliability and adequate training on all applicable requirements of the GDPR Data Protection legislation of all its employees who have access to customer personal data. The customer herewith expressly authorises I-NET to engage any I-NET affiliate as a sub-processor if that I-NET affiliate is engaged in the provision of the services and it is processing customer personal data for such purpose. I-NET shall, at the choice and instruction of the customer, delete or return all the customer personal data (at customer's cost) to the customer after the end of the provision of the services relating to the processing. The customer shall be responsible for arranging a back-up of such customer personal data before the end of the provision of the services.
I-NET is committed to safeguarding your privacy online. We will not knowingly support any use of your information which is illegal or which contravenes the laws or common practice in the country of your origin.
Your information, including contact details, is stored by us at your request. This helps us provide better support and keep you informed about I-NET services and products that may be relevant to you. We may also use this information for account management, research and billing purposes.
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