Terms & Conditions

 

TERMS OF BUSINESS – GET THE SHIFTS

 
 

 

DEFINITIONS

“THE AGENCY” REFERS TO GET THE SHIFTS LTD, A COMPANY INCORPORATED IN IRELAND (COMPANY NO. 573024) WHOSE REGISTERED OFFICE IS AT 37 CLUAIN DROICHEAD, SIXMILEBRIDGE, CO CLARE.

“THE CLIENT” MEANS THE PERSON, PERSONS OR COMPANY TO WHOM THE AGENCY MAY PROVIDE TEMPORARY STAFF.

 “THE TEMPORARY PERSON” MEANS THE PERSON SUPPLIED BY THE AGENCY FOR TEMPORARY EMPLOYMENT BY THE CLIENT UNDER THE TERMS AND CONDITIONS SET OUT HEREUNDER.

 

CONTRACT

1.THE SIGNATORIES AGREES THAT THEY ARE AUTHORISED TO SIGN ON BEHALF OF THE COMPANIES THEY REPRESENT. DEPARTURE FROM SAID COMPANY DOES NOT RESCIND AGREEMENT TO THE BELOW TERMS OF BUSINESS.

2. THE SUBMISSION OF THE CLIENT REGISTRATION FORM OR THE ACCEPTANCE BY THE CLIENT OF THE SERVICES OF ANY PERSON SUPPLIED BY THE AGENCY WILL BE DEEMED ACCEPTANCE OF AGENCY TERMS AND CONDITIONS AND AN AGREEMENT TO PAY AGENCY CHARGES.

3. THE CLIENT WILL PAY AN HOURLY CHARGE, CALCULATED TO THE NEAREST QUARTER HOUR, IN RESPECT OF EACH PERSON SUPPLIED BY THE AGENCY. THE CHARGE WILL BE CALCULATED IN ACCORDANCE WITH THE CHARGES COMMUNICATED BY THE AGENCY TO THE CLIENT AT THE TIME OF THE BOOKING, ON WHICH VALUE ADDED TAX WILL BE PAID IN ADDITION. THE CHARGE WILL INCLUDE PAY RELATED SOCIAL INSURANCE. THE AGENCY WILL, FROM THE FEE CHARGED, ISSUE PAYROLL FOR THE TEMPORARY PERSON. 

4. ALTHOUGH ALL TEMPORARY STAFF ARE EMPLOYED AND PAID BY THE AGENCY, THEY ARE SUBJECT TO THE EXCLUSIVE DIRECTION AND CONTROL OF THE CLIENT WHO WILL DETERMINE THE MANNER IN WHICH THE SERVICE IS RENDERED BY THE TEMPORARY PERSON.

5. THE AGENCY WILL ENDEAVOUR TO PROVIDE A TEMPORARY PERSON FOR THE PERIOD OF ACCEPTED BOOKING, BUT THIS CANNOT BE GUARANTEED AS IT IS DEPENDENT UPON AVAILABILITY AND UPON MATTERS SUCH AS ILLNESS, OUTSIDE THE AGENCY’S CONTROL. SHOULD THE AGENCY NOT HAVE HAD A CANDIDATE WITH THE NECESSARY SKILLS, THE AGENCY WILL OFFER A CANDIDATE WITH THE SKILLS MOST CLOSELY MATCHED TO THE CLIENT’S REQUIREMENTS, WHICH THE CLIENT MAY OR MAY NOT ACCEPT. 

6. CLIENTS ENGAGING MEMBERS OR FORMER MEMBERS OF THE AGENCY’S STAFF WITHIN A TWELVE MONTH PERIOD FROM THE TERMINATION OF THE TEMPORARY ENGAGEMENT, MUST NOTIFY THE AGENCY IMMEDIATELY, AS MUST THE TEMPORARY PERSON.

7. IF WITHIN TWELVE MONTHS OF INTRODUCTION OF A TEMPORARY PERSON, OR THE COMPLETION BY THAT TEMPORARY OF HIS OR HER ASSIGNMENT (WHICHEVER SHALL BE LATER), THE CLIENT AGREES TO EMPLOY OR MAKE USE OF A TEMPORARY PERSON IN ANY CAPACITY WHETHER TEMPORARY, PERMANENT, OR SELF EMPLOYED OTHERWISE THAN DIRECTLY THROUGH THE AGENCY, THE CLIENT WILL BE LIABLE TO PAY THE AGENCY A RECRUITMENT FEE (of €800)

8. THE CLIENT WILL BE RESPONSIBLE FOR ALL ACTS AND OMISSIONS OF ANY SUCH TEMPORARY PERSON WHETHER WILFUL, NEGLIGENT OR OTHERWISE.

9. UNDER NO CIRCUMSTANCES WILL THE AGENCY BE LIABLE FOR ANY LOSS, DAMAGE, ACCIDENT TO PERSON OR EXPENSE SUFFERED OR INCURRED BY THE CLIENT ARISING FROM, OR IN ANY WAY CONNECTED WITH, THE SUPPLY BY THE AGENCY TO THE CLIENT OF ANY TEMPORARY PERSON. ALTHOUGH THE AGENCY WILL MAKE EVERY EFFORT TO ENSURE THE SUITABILITY OF THE TEMPORARY PERSON, AND TO MAINTAIN HIGH STANDARDS OF INTEGRITY AND RELIABILITY, ON BEHALF OF THE CLIENT, THE AGENCY WILL NOT ACCEPT ANY LIABILITY FOR ANY LOSS, EXPENSE, DAMAGE OR LACK OF SKILL OR DELAY ARISING FROM THE FAILURE OF THE TEMPORARY PERSON TO PERFORM. CLIENT COMPANIES ARE RESPONSIBLE FOR SUPERVISION, MANAGEMENT AND CONTROL OF TEMPORARY STAFF DURING THE PERIOD OF THEIR ENGAGEMENT, AND ARE RESPONSIBLE FOR THE PROVISION OF A PROPER PLACE AND A SAFE SYSTEM OF WORK.

10. ALL HOURS WORKED MUST BE RECORDED AND VERIFIED BY THE CLIENT ON THE TIME SHEETS WHICH THE TEMPORARY PERSON WILL BRING TO THE SHIFT. ANY OTHER METHOD OR SYSTEM OF RECORDING AND VERIFICATION OF HOURS MUST BE APPROVED BY THE AGENCY PRIOR TO INTRODUCTION.

11. BOOKINGS ARE FOR A MINIMUM OF 4 HOURS.  IF YOU REQUIRE LESS THAN THIS, YOU MUST STILL PAY THE SUPERSTAR FOR 4 HOURS.

12. BREAKS ARE NOT DEDUCTED FROM THE HOURS WORKED BY THE TEMPORARY PERSON, UNLESS THE CLIENT COMMUNICATES THE DESIRE TO DEDUCT BREAKS TO THE AGENCY IN WRITING.

13. FINISH TIMES ARE ROUNDED TO THE NEAREST ¼ HOUR FOR INVOICING.

14. ON YOUR FIRST BOOKING A MINIMUM BOOKING DEPOSIT 50% IS PAYABLE AT THE TIME OF PLACING YOUR REQUEST. 

15. ALL BOOKINGS OVER 5 STAFF REQUIRE A P.O. IN ADVANCE OF THE BOOKING.

 

RECRUITMENT SERVICES

16. WE KNOW THAT THERE ARE OCCASIONS WHEN WE SEND YOU SUCH AN AMAZING SUPERSTAR THAT YOU JUST WANT TO KEEP THEM FOREVER, IT CAN HAPPEN TO THE BEST OF US…LOVE AT FIRST SHIFT SO WE WANT TO MAKE THAT POSSIBLE FOR YOU.

17. IF THE SUPERSTAR AGREES TO WORK WITH YOU EXCLUSIVELY THEN THAT IS GREAT AND WE WILL CHARGE YOU A SMALL FEE. PLEASE SEE BELOW FOR ALL THE DETAILS:

  • INVOICES ARE ISSUED ON THE COMMENCEMENT OF AN APPOINTMENT OF A TEMPORARY PERSON INTRODUCED BY GET THE SHIFTS LTD.

  • INVOICES ARE PAYABLE WITHIN 7 DAYS.

  • THE EMPLOYER IS RESPONSIBLE FOR PAYMENT OF THE APPOINTED TEMPORARY PERSON AND ALL ASSOCIATED TAXES & CHARGES. 

  • PLACEMENT FEES WILL BE CHARGED WHEN THE TEMPORARY PERSON HAS BEEN OFFERED WORK DIRECTLY AND NOT THROUGH GET THE SHIFTS WITHIN 12 MONTHS OF THE SUPERSTAR WORKING IN THE VENUE ON BEHALF OF GET THE SHIFTS.

 

GET THE SHIFTS LTD PLACEMENT FEE:

PERMANENT STAFF PLACEMENT €800 EX VAT

 

PREMIUM RATES

18. PREMIUM RATES ARE PUT IN PLACE ON THE FOLLOWING DAYS:

  • CHRISTMAS EVE

  • ST STEPHEN’S DAY

  • NEW YEAR’S EVE 

OCCASIONALLY PREMIUM RATES WILL APPLY WHERE THERE IS HUGE DEMAND FOR STAFF. YOU WILL BE MADE AWARE OF THIS IN ADVANCE. 

19. A SAME-DAY BOOKING FEE IS IMPOSED UPON BOOKINGS MADE WITHIN 24 HOURS OF A SHIFT COMMENCING, OR OUTSIDE OF REGULAR OPERATING HOURS.

 

CANCELLATION POLICY

20. WE KNOW THAT THINGS JUST HAPPEN SOMETIMES AND YOUR CLIENTS WILL CANCEL ON YOU OR NUMBERS WILL BE LOWER THAN YOU ANTICIPATED BUT WE ALWAYS NEED TO LOOK AFTER OUR SUPERSTARS AND BE FAIR TO THEM WHENEVER POSSIBLE. FOR THIS REASON THE BELOW CANCELLATION POLICY IS IN EFFECT FOR ALL BOOKINGS.

 

UP TO 40 STAFF

1. YOU CAN CANCEL YOUR BOOKINGS UP TO 72 HOURS PRIOR TO YOUR EVENT WITH ABSOLUTELY NO COST

2. 72 HOURS PRIOR TO YOUR EVENT THERE IS A 30% CHARGE

3. 48 HOURS PRIOR TO YOUR EVENT THERE IS A 50% CHARGE

4. WITHIN 24 HOURS THERE IS A 75% CHARGE

40+ STAFF

1. YOU CAN CANCEL YOUR BOOKING WITHIN 7 DAYS OF MAKING IT AT NO COST.

2. 1 MONTH PRIOR TO YOUR EVENT THERE IS A 50% CHARGE

3. 7 DAYS PRIOR TO YOUR EVENT THERE IS A 75% CHARGE

4. 72 HOURS PRIOR TO YOUR EVENT THERE IS A 100% CHARGE

 

 

DEFAULT & CONSEQUENCES OF DEFAULT

21. PAYMENT BY THE CLIENT OF TEMPORARY STAFF CHARGES WILL BE MADE TO THE AGENCY WITHIN SEVEN DAYS OF INVOICE DATE. CLIENTS ARE REMINDED THAT PROMPT SETTLEMENT (WITHIN 7 DAYS) IS REQUIRED AS INVOICES ARE IN RESPECT OF WAGES AND TAX ALREADY PAID.

22. INTEREST ON OVERDUE INVOICES SHALL ACCRUE FROM THE DATE WHEN PAYMENT BECOMES DUE DAILY UNTIL THE DATE OF PAYMENT AT A RATE OF 2.5% PER CALENDAR MONTH AND SUCH INTEREST SHALL COMPOUND MONTHLY AT SUCH A RATE AFTER AS WELL AS BEFORE ANY JUDGMENT.

23. IF THE CLIENT DEFAULTS ON PAYMENT OF ANY INVOICE WHEN DUE, THE CLIENT SHALL INDEMNIFY THE AGENCY FROM AND AGAINST ALL COSTS AND DISBURSEMENTS INCURRED BY THE AGENCY IN PURSUING THE DEBT INCLUDING LEGAL COSTS ON A SOLICITOR AND OWN CLIENT BASIS AND THE AGENCY’S COLLECTION AGENCY COSTS.

24. WITHOUT PREJUDICE TO ANY OTHER REMEDIES THE AGENCY MAY HAVE, IF AT ANY TIME THE CLIENT IS IN BREACH OF ANY OBLIGATION (INCLUDING THOSE RELATING TO PAYMENT); THE AGENCY MAY SUSPEND OR TERMINATE THE SUPPLY OF SERVICES TO THE CLIENT AND ANY OF ITS OTHER OBLIGATIONS UNDER THE TERMS AND CONDITIONS. THE AGENCY WILL NOT BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGE THE CLIENT SUFFERS BECAUSE THE AGENCY EXERCISED ITS RIGHTS UNDER THIS CLAUSE.

25. IF ANY ACCOUNT REMAINS OVERDUE AFTER THIRTY DAYS THEN AN AMOUNT OF THE GREATER OF €20.00 OR 10.00% OF THE AMOUNT OVERDUE (UP TO A MAXIMUM OF €200) SHALL BE LEVIED FOR ADMINISTRATION FEES WHICH SUM SHALL BECOME IMMEDIATELY DUE AND PAYABLE.

26. WITHOUT PREJUDICE TO THE AGENCY’S OTHER REMEDIES AT LAW THE AGENCY SHALL BE ENTITLED TO CANCEL ALL OR ANY PART OF ANY ORDER OF THE CLIENT WHICH REMAINS UNPERFORMED IN ADDITION TO AND WITHOUT PREJUDICE TO ANY OTHER REMEDIES AND ALL AMOUNTS OWING TO THE AGENCY SHALL, WHETHER OR NOT DUE FOR PAYMENT, BECOME IMMEDIATELY PAYABLE IN THE EVENT THAT:

(A) ANY MONEY PAYABLE TO THE AGENCY BECOMES OVERDUE, OR IN THE AGENCY’S OPINION THE CLIENT WILL BE UNABLE TO MEET ITS PAYMENTS AS THEY FALL DUE; OR

(B) THE CLIENT BECOMES INSOLVENT, CONVENES A MEETING WITH ITS CREDITORS OR PROPOSES OR ENTERS INTO AN ARRANGEMENT WITH CREDITORS, OR MAKES AN ASSIGNMENT FOR THE BENEFIT OF ITS CREDITORS; OR

(C) A RECEIVER, MANAGER, LIQUIDATOR (PROVISIONAL OR OTHERWISE) OR SIMILAR PERSON IS APPOINTED IN RESPECT OF THE CLIENT OR ANY ASSET OF THE CLIENT.

 

TERMS OF BUSINESS

27. THE AGENCY RESERVES THE RIGHT TO ADJUST THE TERMS OF BUSINESS WITHOUT PRIOR NOTICE. 

28. ALL QUESTIONS RELATING TO THESE TERMS OF BUSINESS MUST BE MADE IN WRITING, OTHERWISE THEY ARE DEEMED TO BE ACCEPTED. THESE TERMS OF BUSINESS ARE VALID FROM 24TH OCTOBER 2019, THEY SUPERSEDE ANY OTHER TERMS PREVIOUSLY RECEIVED. 

29. NO AMENDMENTS TO THESE TERMS ARE VALID UNLESS AUTHORISED IN WRITING BY A COMPANY DIRECTOR.

 

INSURANCE

30. THE CLIENT CONFIRMS THAT IT HAS IN PLACE ADEQUATE INSURANCE TO INSURE AGAINST ALL RISKS TO THIRD PARTIES ARISING OUT OF ANY ACTS, OMISSIONS OR DEFAULTS OF THE WORKER DURING ANY ASSIGNMENT AND TO INDEMNIFY GET THE SHIFTS AGAINST ALL CLAIMS, COSTS AND DAMAGES ARISING OUT OF THE ASSIGNMENT. SUCH INSURANCE SHALL INCLUDE (BUT NOT BE LIMITED TO) EMPLOYER’S LIABILITY AND PUBLIC LIABILITY INSURANCE.

 

DATA PROTECTION

  • DATA PROTECTION: ALL DEFINED TERMS HAVE THEIR MEANING IN THE DATA PROTECTION ACTS OR THE GDPR AND IN THIS SECTION:

  • “CANDIDATE” MEANS AN APPLICANT FOR A TEMPORARY, CONTRACT OR PERMANENT POSITION OF EMPLOYMENT INTRODUCED TO THE CLIENT BY THE AGENCY;

  • “DATA DISCLOSER” MEANS THE PARTY, WHICH DISCLOSES SHARED DATA TO THE OTHER PARTY;

  • “DATA PROTECTION ACTS” MEANS THE DATA PROTECTION ACTS 1988 AND 2003 AS AMENDED, REVISED, MODIFIED OR REPLACED FROM TIME TO TIME;

  • “DATA PROTECTION COMMISSION” OR “DPC” MEANS THE DATA PROTECTION AUTHORITY FOR THE TIME BEING IN THE TERRITORY OF IRELAND;

  • “DATA RECIPIENT” MEANS THE PARTY WHICH RECEIVES SHARED DATA FROM THE DATA DISCLOSER;

  • “DATA SECURITY BREACH” MEANS A BREACH OF SECURITY LEADING TO THE ACCIDENTAL OR UNLAWFUL DESTRUCTION, LOSS, ALTERATION, UNAUTHORISED DISCLOSURE OF, OR ACCESS TO THE SHARED DATA;

  • “DATA SUBJECT ACCESS REQUEST” OR “DSAR” HAS THE SAME MEANING AS THE “RIGHT OF ACCESS BY THE DATA SUBJECT” IN ARTICLE 15 OF THE GDPR;

  • “GENERAL DATA PROTECTION REGULATION” OR “GDPR” MEANS REGULATION (EU) 2016/679 ON THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND THE FREE MOVEMENT OF SUCH DATA;

  • “SERVICES” MEANS THE RECRUITMENT SERVICES TO BE PROVIDED BY THE AGENCY TO THE CLIENT UNDER THESE TERMS OF BUSINESS; AND

  • “SHARED DATA” MEANS THE DATA, INCLUDING PERSONAL DATA, TO BE SHARED BETWEEN THE AGENCY AND THE CLIENT UNDER THIS SECTION.

SHARING OF PERSONAL DATA: THIS SECTION SETS OUT THE FRAMEWORK FOR THE SHARING OF DATA, INCLUDING PERSONAL DATA AND SENSITIVE PERSONAL DATA OR SPECIAL CATEGORY OF PERSONAL DATA, BETWEEN THE AGENCY AND THE CLIENT AS DATA CONTROLLERS. IT DEFINES THE PRINCIPLES AND PROCEDURES THAT THE PARTIES SHALL ADHERE TO AND THE RESPONSIBILITIES THE PARTIES OWE TO EACH OTHER.

AGREED PURPOSES: THE PARTIES AGREE TO ONLY PROCESS SHARED DATA AS DESCRIBED BELOW IN ‘TYPES OF DATA’ (A) TO ALLOW THE CLIENT TO EVALUATE AND RECRUIT CANDIDATES; AND (B) TO ENABLE THE AGENCY TO PROVIDE THE SERVICES.

GENERAL COMPLIANCE: EACH PARTY SHALL ENSURE COMPLIANCE WITH THE DATA PROTECTION ACTS, GDPR AND ALL OTHER APPLICABLE LAWS AND CODES OF PRACTICE AND GUIDANCE ISSUED BY THE DPC AT ALL TIMES WHILST THESE TERMS OF BUSINESS APPLY BETWEEN THE PARTIES.

TYPES OF DATA: THE FOLLOWING TYPES OF PERSONAL DATA WILL BE SHARED BETWEEN THE PARTIES WHILST THESE TERMS OF BUSINESS APPLY BETWEEN THE PARTIES:

  1. CANDIDATE NAME AND CONTACT INFORMATION;

  2. CANDIDATE EDUCATIONAL AND LEGAL QUALIFICATIONS;

  3. CANDIDATE EMPLOYMENT HISTORY;

  4. CANDIDATE REFERENCES; AND

  5. SALARY AND REMUNERATION REQUIREMENTS.

NO IRRELEVANT OR EXCESSIVE DATA: THE SHARED DATA MUST NOT BE IRRELEVANT OR EXCESSIVE WITH REGARD TO THE PURPOSES DESCRIBED UNDER “AGREED PURPOSES” ABOVE.

FAIR AND LAWFUL PROCESSING: WHILST THESE TERMS OF BUSINESS APPLY BETWEEN THE PARTIES EACH PARTY SHALL ENSURE THAT IT PROCESSES THE SHARED DATA FAIRLY AND LAWFULLY IN ACCORDANCE WITH “GROUNDS FOR PROCESSING” BELOW.

GROUNDS FOR PROCESSING: EACH PARTY SHALL ENSURE THAT IT PROCESSES SHARED DATA ON THE BASIS OF ONE OR MORE OF THE FOLLOWING LEGAL GROUNDS:

  1.  DATA SUBJECT HAS FREELY GIVEN HIS OR HER EXPLICIT, SPECIFIC, UNAMBIGUOUS CONSENT;

  2. PROCESSING IS NECESSARY FOR THE PERFORMANCE OF A CONTRACT TO WHICH THE DATA SUBJECT IS A PARTY OR IN ORDER TO TAKE STEPS AT THE REQUEST OF THE DATA SUBJECT PRIOR TO ENTERING INTO A CONTRACT;

  3. PROCESSING IS NECESSARY FOR COMPLIANCE WITH A LEGAL OBLIGATION TO WHICH THE PARTIES ARE SUBJECT, OTHER THAN AN OBLIGATION IMPOSED BY CONTRACT;

  4. PROCESSING IS NECESSARY IN ORDER TO PROTECT THE VITAL INTERESTS OF THE DATA SUBJECT;

  5. PROCESSING IS NECESSARY FOR THE PURPOSES OF THE LEGITIMATE INTERESTS PURSUED BY THE PARTIES EXCEPT WHERE THE PROCESSING IS UNWARRANTED IN ANY PARTICULAR CASE BY REASON OF PREJUDICE TO THE RIGHTS AND FREEDOMS OR LEGITIMATE INTERESTS OF THE DATA SUBJECT.

RETENTION PERIODS: THE PARTIES SHALL RETAIN OR PROCESS SHARED DATA FOR THE LONGEST OF THE FOLLOWING RETENTION PERIODS THAT APPLIES:

  1.  THE PERIOD THAT IS NECESSARY TO CARRY OUT THE AGREED PURPOSES; OR

  2.  ANY PERIOD PRESCRIBED BY APPLICABLE LAW OR BY BEST INDUSTRY PRACTICE.RETURN OF DATA: THE DATA RECIPIENT SHALL ENSURE THAT ANY SHARED DATA ARE RETURNED TO THE DATA DISCLOSER OR DESTROYED SECURELY (FOLLOWING WHICH EACH PARTY SHALL NOTIFY THE OTHER THAT THE SHARED DATA IN QUESTION HAS BEEN DELETED) IN THE FOLLOWING CIRCUMSTANCES:A) ON TERMINATION OF THE AGREEMENT;B) ON EXPIRY OF THE TERM OF THE AGREEMENT; OR

  3. ONCE PROCESSING OF THE SHARED DATA IS NO LONGER NECESSARY FOR THE PURPOSES THEY WERE ORIGINALLY SHARED FOR, AS SET OUT UNDER “AGREED PURPOSES”.

TRANSFERS: THE DATA RECIPIENT SHALL NOT DISCLOSE OR TRANSFER THE SHARED DATA TO A THIRD PARTY DATA CONTROLLER OR PROCESSOR.

SECURITY AND TRAINING: BOTH PARTIES SHALL USE APPROPRIATE SAFEGUARDS TO PROTECT THE SHARED DATA FROM MISUSE AND UNAUTHORISED ACCESS OR DISCLOSURE, INCLUDING, WITHOUT LIMITATION:

  1. MAINTAINING ADEQUATE PHYSICAL CONTROLS AND PASSWORD PROTECTIONS;

  2. ENSURING THAT DATA STORED ON ANY MOBILE DEVICE (FOR EXAMPLE, A LAPTOP OR SMARTPHONE) OR TRANSMITTED ELECTRONICALLY IS ENCRYPTED; AND

  3. TAKING ALL OTHER MEASURES REASONABLY NECESSARY TO PREVENT ANY USE OR DISCLOSURE OF THE DATA OTHER THAN AS ALLOWED UNDER THIS SECTION.

DATA SECURITY BREACHES AND REPORTING PROCEDURES: THE PARTIES UNDERTAKE TO NOTIFY ANY POTENTIAL OR ACTUAL LOSSES OF THE SHARED DATA TO EACH OTHER AS SOON AS POSSIBLE AND, IN ANY EVENT, WITHIN TWO (2) CALENDAR DAYS OF IDENTIFICATION OF ANY POTENTIAL OR ACTUAL LOSS, AND AGREE TO PROVIDE REASONABLE ASSISTANCE AS IS NECESSARY TO EACH OTHER TO FACILITATE THE HANDLING OF ANY DATA SECURITY BREACH.

OBLIGATION TO INFORM: IN THE EVENT OF A DISPUTE OR CLAIM BROUGHT BY A DATA SUBJECT OR THE DATA PROTECTION COMMISSION CONCERNING THE PROCESSING OF SHARED DATA AGAINST EITHER OR BOTH PARTIES, THE PARTIES WILL INFORM EACH OTHER ABOUT ANY SUCH DISPUTES OR CLAIMS, AND WILL COOPERATE WITH A VIEW TO SETTLING THEM AMICABLY IN A TIMELY FASHION.

 

MUTUAL WARRANTIES: EACH PARTY WARRANTS AND UNDERTAKES THAT IT SHALL:

  1. PROCESS THE SHARED DATA IN COMPLIANCE WITH ALL APPLICABLE LAWS, ENACTMENTS, REGULATIONS, ORDERS, STANDARDS AND OTHER SIMILAR INSTRUMENTS THAT APPLY TO ITS PERSONAL DATA PROCESSING OPERATIONS;

  2. MAKE AVAILABLE UPON REQUEST TO THE DATA SUBJECTS WHO ARE THIRD PARTY BENEFICIARIES A COPY OF THESE TERMS OF BUSINESS, UNLESS THESE TERMS OF BUSINESS CONTAIN CONFIDENTIAL INFORMATION;C) RESPOND WITHIN A REASONABLE TIME AND AS FAR AS REASONABLY POSSIBLE TO ENQUIRIES FROM THE DATA PROTECTION COMMISSION IN RELATION TO THE SHARED DATA;

  3. RESPOND TO DSARS AND ALL OTHER REQUESTS FROM DATA SUBJECTS IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS;

  4. WHERE APPLICABLE, MAINTAIN REGISTRATION WITH ALL RELEVANT DATA PROTECTION COMMISSION TO PROCESS ALL SHARED DATA FOR THE AGREED PURPOSE; AND

  5. TAKE ALL APPROPRIATE STEPS TO ENSURE COMPLIANCE WITH THE SECURITY MEASURES SET OUT UNDER “SECURITY AND TRAINING”.

INDEMNITY: THE DATA RECIPIENT SHALL INDEMNIFY AND KEEP INDEMNIFIED THE DATA DISCLOSER ON DEMAND FROM TIME TO TIME FROM AND AGAINST ALL LOSSES WHICH IT CAUSES THE DATA DISCLOSER AS A RESULT OF ITS BREACH OF ANY OF THE PROVISIONS OF THIS SECTION OR ARISING OUT OF OR IN CONNECTION WITH ALL CLAIMS, PROCEEDINGS OR ACTIONS BROUGHT BY THE DPC, ANY OTHER COMPETENT PUBLIC AUTHORITY OR A DATA SUBJECT AGAINST THE DATA DISCLOSER WITH RESPECT TO THE PROCESSING OF THE SHARED DATA BY THE DATA RECIPIENT.