Is the Registered Trade Mark of UTC DIGITAL TECHNOLOGIES PVT LTD
Subject matter of this clause is processing of personal data provided by Partner or Customer or obtained from the data subject themselves by the Data Processor on behalf of Partner or Customer to the extent necessary for the performance of services in accordance with this Agreement (hereinafter “Commissioned Processing”).
Any Personal / sensitive Personal Data provided by Partner or Customer and/or customers of Partner to the Data Processor and used by associates of the Data Processor directly or indirectly in performing its obligations as per this Agreement shall, at all times, remain the property of the Partner and the Customer. It shall be identified, marked clearly and recorded as such by the Data Processor on all media and in all documentations.
The Data Processor shall process the Personal / Sensitive Personal Data exclusively for the purpose of performing the Commissioned Processing in accordance with this Agreement, the applicable data protection law and the instructions of Partner or Customer and not for any other purposes, in particular not for its own business purposes, unless required to do so by applicable law to which the Data Processor is subject; in such a case, the Data Processor shall notify Partner or Customer of that legal requirement before processing, unless that law prohibits such notification on important grounds of public interest.
The Data Processor is not entitled to create copies of the Personal / Sensitive Personal Data without Partner’s or Customer’s prior written approval. This shall not apply for backup copies which are necessary to ensure proper data processing, to comply with statutory access or retention requirements or for the purpose of preserving evidence.
The associates of the Data Processor shall be trained appropriately to ensure they could take necessary precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the Personal / sensitive Personal Data provided by Partner or Customer or the data subjects. The Data Processor shall label the data adequately. If the data are processed for different purposes, the Data Processor shall label the data with the respective purpose.
The Data Processor shall inform Partner or Customer without undue delay about all cases of severe operational interruptions, suspected breaches of data protection obligations or other irregularities in connection with the processing of data.
The Data Processor shall inform Partner or Customer without undue delay about current communications between supervisory authorities and the Processor to the extent that the data processing under this Agreement is concerned. The Processor shall inform Partner or Customer without undue delay about orders, investigations and other actions by the supervisory authorities. The Processor shall provide information to third parties and supervisory authorities only upon prior consultation with Partner or Customer.
The Data Processor ensures that the persons authorized to process the Data have committed themselves to confidentiality or are subject to an appropriate statutory obligation of confidentiality, and that these persons have been made familiar with the provisions relating to data protection relevant to them. This confidentiality obligation shall survive the contracted services.
The Data Processor shall support BSH at no cost in responding to requests for exercising the data subject’s request to rectify, erase or restrict processing to a reasonable extent and, whenever possible, by appropriate technical and organizational measures.
In the event of expiry / termination of this Agreement the Data Processor shall, instruct all its associates and other personnel of the Data Processor to, erase all the Personal / Sensitive Personal Data provided by Partner or Customer and / or the Data Subject unless otherwise mentioned in the governing law of the land.