GDPR Addendum – Processor Clauses
This GDPR addendum forms part of your agreement with SAM Software Solutions Ltd, and shall be effective from the 25th May 2018 (Effective Date) it shall continue in full force and effect until the termination or expiry of your agreement with Us whereupon it shall automatically terminate.
Addendum to SAM Software Solutions Ltd terms of service
Please read this addendum to our Terms of Service (“Terms”, “Terms of Service”) carefully before using our https://www.samsoftware.com website or communication with our service personnel. Your access to and use of our services are conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access the website or use our Services.
By accessing or using our Services you agree to be bound by this Addendum. If you disagree with any part of the Addendum then you may not access our Services.
Definitions and Interpretation
In this Agreement:
Data Protection Laws means the Data Protection Act 1998, together with successor legislation incorporating GDPR;
Data means personal data passed under this Agreement, being in particular user email data, user IP addresses, contact data, service provider contact data etc.
“GDPR” means the General Data Protection Regulation;
Services means provision of telephone or remote support, data entry and storage, contract documents, royalty statements, excel spreadsheets, word documents and marketing sheets.
Amendment to Agreement
All clauses in the Agreement which relate to the data protection shall be replaced or amended, in order that this Addendum governs data protection from the Effective Date.
Data Processing
If we use your personal data under the service Agreement, we shall comply with our obligations under applicable Data Protection Legislation and you warrant and undertake that you shall not instruct us to process or use your personal data where such processing would be unlawful.
We shall process your personal data only in accordance with your documented instructions and shall not transfer your Personal Data outside of the European Economic Area without Your consent.
We shall ensure that individuals engaged in the processing of your personal data under the service Agreement are subject to obligations of confidentiality in respect of such personal data.
All our companies and the relevant contacts have the right to access their personal data, rectify anything that is inaccurate, may object to processing in certain circumstances or completely erase all data that is held, (there is a one month time limit for this)..
In any case where our third party vendors are holding personal data on our behalf, we have ensured our contracts with them have been updated to include the same processing requirements under the GDPR requirements.
Data Breaches
Under the GDPR, we must notify any data breach without undue delay. SAM Software Solutions therefore has processes and procedures in place for identifying, reviewing and promptly reporting data breaches, Upon discovering a Personal Data Breach, we shall notify you as soon as reasonably practicable and without undue delay and shall assist you to the extent reasonably necessary in connection with notification to the applicable Supervisory Authority and data subjects, within the GDPR regulations period which is 72 hours, taking into account the nature of processing and the information available to Us.
Termination
Unless otherwise required by applicable law, following termination or expiry of the Agreement We shall, delete or return all Your personal data and all copies thereof to You.
Where requested by You, we shall make available all information necessary to demonstrate Our compliance with the agreement.
We reserve the right to amend this Addendum 1 on written notice to you if we consider it reasonably necessary as a result of any changes in law or practice relating to the protection or treatment of personal data.
General
This Agreement represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller/processor relationship under Data Protection Laws. This Agreement is subject to English law and the exclusive jurisdiction of the English Courts.