Applicable Laws means (for so long as and to the extent that they apply to Send2China) 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 UK Data Protection Legislation and any other law that applies in the UK.
In respect of any personal data processed by Send2China as a result of, the parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the controller and Send2China is the processor.
The Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of personal data to Send2China for the duration and purposes of the Contract.
Send2China shall, in relation to any personal data processed in connection with the performance by Send2China of its obligations:
process that personal data only on the documented written instructions of the Customer unless Send2China is required by Applicable Laws to otherwise process that personal data. Where Send2China is relying on Applicable Laws as the basis for processing personal data, Send2China shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit Send2China from so notifying the Customer;
ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
not transfer any personal data outside of the UK and the European Economic Area unless the prior written consent of the Customer has been obtained, and where such consent is granted, only transfer the personal data under the following conditions:
Send2China transfers personal data to a territory which is subject to a current finding by the European Commission under the Data Protection Legislation that the territory provides adequate protection for the privacy rights of individuals. Send2China shall identify in the Trading Agreement the territory that is subject to such an adequacy finding; or the Customer or Send2China participates in a valid cross-border transfer mechanism under the Data Protection Legislation, so that appropriate safeguards are in place to ensure an adequate level of protection with respect to the privacy rights of individuals as required by Article 46 of the GDPR. The relevant transfer mechanism shall be identified in the Trading Agreement and the Customer shall be informed of any change to that status;
or the transfer otherwise complies with the Data Protection Legislation for reasons set out in;
assist the Customer, at the Customer's cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify the Customer without undue delay on becoming aware of a personal data breach;
at the written direction of the Customer, delete or return personal data and copies thereof to the Customer on termination of the Contract unless required by Applicable Law to store the personal data; and maintain complete and accurate records and information to demonstrate its compliance with this documentation and allow for audits by the Customer.
The Customer consents to Send2China authorising third parties (subcontractors) to process personal data under the Contract, which shall be carriers or third party storage providers. Send2China confirms that it has entered or (as the case may be) will enter into a written agreement with each subcontractor which reflects and will continue to reflect the requirements of the Data Protection Legislation. As between the Customer and Send2China, Send2China shall remain fully liable for all acts or omissions of any subcontractor appointed by it pursuant.
In respect of the appointment by Send2China of a subcontractor located outside the UK and the European Economic Area, the Customer authorises Send2China to enter into the Standard Contractual Clauses with the relevant subcontractor in the Customer’s name and on its behalf. Send2China will make the executed Standard Contractual Clauses available to the Customer on request.