1.0 Data protection
(a) Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 1.0 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause 1.0, Applicable Laws means (for so long as and to the extent that they apply to Hortons Valuers Ltd) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the Data Protection Legislation from time to time in force in the UK and any other law that applies in the UK.
(b) The parties acknowledge that for the purposes of the Data Protection Legislation, you are the controller and we are the processor.
(c) Without prejudice to the generality of clause 1.0, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of this contract.
(d) Without prejudice to the generality of clause 1.0, we shall, in relation to any personal data processed in connection with the performance by ABP of its obligations under this agreement:
(i) process that personal data only on your documented written instructions unless we are required by Applicable Laws to otherwise process that personal data. Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
(ii) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and;
(iii) not transfer any personal data outside of the European Economic Area unless your prior written consent has been obtained and the following conditions are fulfilled:
(1) you or ABP has provided appropriate safeguards in relation to the transfer;
(2) the data subject has enforceable rights and effective legal remedies;
(3) ABP complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
(4) ABP complies with reasonable instructions notified to it in advance by you with respect to the processing of the personal data.
16. Privacy Policy
A copy of our privacy policy and GDPR policy can be found at www.abp-architectural-services.com under the heading ‘Legalities’.