This Data Protection Agreement (« Agreement ») is entered into between Validly Pty Ltd and the undersigned Customer identified in the applicable Appendix I at Controller section and the signature block below (« Customer ») as of the last date beneath Customer’s and Validly Pty Ltd’s signature blocks below (« Addendum Effective Date »). This Agreement forms part of the agreement between Customer and Validly Pty Ltd covering Customer’s use of the Services (as defined below).
(a) The purpose of this Agreement is to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
(b) The controllers and processors listed in Appendix I have agreed to these Clauses in order to ensure compliance with Article 28(3) and (4) of Regulation (EU) 2016/679.
(c) These Clauses apply to the processing of personal data as specified in Appendix II.
(d) Appendixes I to III are an integral part of the Clauses.
(e) These Clauses are without prejudice to obligations to which the Customer is subject by virtue of Regulation (EU) 2016/679.
(f) These Clauses do not by themselves ensure compliance with obligations related to international transfers in accordance with Chapter V of Regulation (EU) 2016/679. They are herein completed by Standard Contractual Clauses for personal data transfers outside the European Union/European Economic Area (EU/EEA) if needed.
(a) The Parties undertake not to modify the Clauses, except for adding information to the Appendixes or updating information in them.
(b) This does not prevent the Parties from including these Clauses in a broader contract, or from adding other clauses or additional safeguards provided that they do not directly or indirectly contradict the Clauses or detract from the fundamental rights or freedoms of data subjects.
(a) Where these Clauses use the terms defined in Regulation (EU) 2016/679, those terms have the same meaning as in that Regulation.
(b) These Clauses must be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses are not to be interpreted in a way that runs counter to the rights and obligations provided for in Regulation (EU) 2016/679 or in a way that prejudices the fundamental rights or freedoms of the data subjects.
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties existing at the time when these Clauses are agreed or entered into thereafter, these Clauses will prevail.
(a) Any entity that is not a Party to these Clauses may, with the agreement of all the Parties, accede to these Clauses at any time as a controller or a processor by completing the Appendixes and signing Appendix I.