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Simpson Associates – Data Processing Agreement

1.  Interpretation

1.1 The definitions and rules of interpretation in this Data Protection Schedule is as follows.

Client: shall mean the customer of Simpson Associates.

Data Controller, Data Processor, Personal Data, Data Subject and process/processing: shall have the meanings given to them in the Data Protection Legislation .

Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a Party relating to the use of personal data (including, without limitation, the privacy of electronic communications) and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a Party.

Simpson Associates: means Simpson Associates Information Services Limited.

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

2.  Client Data

2.1  Both Parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 2 is in addition to, and does not relieve, remove or replace, a Party’s obligations or rights under the Data Protection Legislation.

2.2  The Parties acknowledge that for the purposes of the Data Protection Legislation, if Simpson Associates processes any Personal Data on the Client’s behalf when performing its obligations under the Contract, the Client is the Data Controller and Simpson Associates is the Data Processor.

2.3  The Client warrants that it will comply with all its obligations as Data Controller under the Data Protection Legislation.

2.4  Without prejudice to the generality of Clause 2.2, the Client will ensure that it has all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Data to Simpson Associates for the duration and purposes of this Data Protection Schedule.

2.5  Without prejudice to the generality of Clause 2.2, Simpson Associates shall, in relation to any Personal Data processed in connection with the performance by Simpson Associates of its obligations under a Statement of Work or this Agreement:

2.6  The Client hereby consents to Simpson Associates appointing third party processors of the Personal Data on the condition that Simpson Associates confirms for each such third party processor that it has entered or (as the case may be) will enter into a written agreement with the third party processor incorporating terms which are as similar as possible to those set out in this Clause 2.