Client means the company, firm, or organisation that enters into an agreement with BRC in order to use the services.
BRC means BRC.
Controller means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data, as defined in Article 4(7) of the GDPR.
A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller, as defined in Article 4(8) of the GDPR.
Personal data means any information relating to an identified or identifiable individual where such information is contained within customer data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law.
Data Protection Law means GDPR and any data protection legislation applicable from time to time in the jurisdictions in which the services are provided.
GDPR means any individual to whom data relates relevant to the provision of your services under the contract.
Data Subject means the individual to whom personal data relates.
Compliance with Instructions: The parties acknowledge and agree that the client is the controller of personal data and BRC is the processor of that data. The processor shall collect, process, and use personal data only within the scope of the controller’s instructions. If the processor believes that an instruction of the controller infringes the data protection law, it shall immediately inform the controller without delay.
If the processor cannot process personal data in accordance with the instructions due to a legal requirement under any applicable law, the processor will
(i) promptly notify the controller of that legal requirement before the relevant processing to the extent permitted by the Data Protection Law; and
(ii) cease all processing (other than merely storing and maintaining the security of the affected personal data) until such time as the controller issues new instructions with which the processor is able to comply.
If this provision is invoked, the processor will not be liable to the controller under the agreement for any failure to perform the applicable services until such time as the controller issues new instructions in regard to the processing.
Security: The processor shall take the appropriate technical and organisational measures to adequately protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data. Such measures include, but are not limited to:
* the prevention of unauthorised persons from gaining access to personal data processing systems,
* the prevention of personal data processing systems from being used without authorization,
* ensuring that persons entitled to use a personal data processing system gain access only to such personal data as they are entitled to access in accordance with their access rights and that, in the course of processing or use and after storage, personal data cannot be read, copied, modified, or deleted without authorization,
* ensuring that personal data cannot be read, copied, modified, or deleted without authorization during electronic transmission, transport, or storage on storage media and that the target entities for any transfer of personal data by means of data transmission facilities can be established and verified,
* ensuring the establishment of an audit trail to document whether and by whom personal data has been entered into, modified in, or removed from personal data processing systems,
ensuring that personal data is processed solely in accordance with the instructions,
ensuring that personal data is protected against accidental destruction or loss.
* The processor will facilitate the controller’s compliance with the controller’s obligation to implement security measures with respect to personal data (including, if applicable, the controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR).
Confidentiality: The processor shall ensure that any personnel whom the processor authorises to process personal data on its behalf are subject to confidentiality obligations with respect to that personal data. The undertaking of confidentiality shall continue after the termination of the above-entitled activities. Personal Data Breaches: The processor will notify the controller without undue delay after it becomes aware of any personal data breach affecting any personal data. At the Controller’s request, the Processor will promptly provide the Controller with all reasonable assistance necessary to enable the Controller to notify competent authorities and/or affected data subjects of relevant personal data breaches if the Controller is required to do so under the Data Protection Law.
Deletion or Retrieval of Personal Data: Other than to the extent required to comply with Data Protection Law, following termination or expiration of the agreement, the processor will delete or return all personal data (including copies thereof) processed pursuant to the agreement and an order. If the processor is unable to delete personal data for technical or other reasons, the processor will apply measures to ensure that personal data is blocked from any further processing.
The controller shall, upon termination or expiration of the agreement and by way of issuing an instruction, stipulate, within a period of time set by the processor, the reasonable measures to return data or delete stored data. Any additional cost arising in connection with the return or deletion of personal data after the termination or expiration of the agreement shall be borne by the controller.
Data Protection Impact Assessments and Consultation with Supervisory Authorities: To the extent that the required information is available to the processor and the controller does not otherwise have access to the required information, the processor will provide reasonable assistance to the controller with any data protection impact assessments and prior consultations with supervisory authorities or other competent data privacy authorities, which the controller reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to the processing of personal data.
The controller shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure and transfer of personal data to the processor and the processing of personal data. For the avoidance of doubt, the controller’s instructions for the processing of personal data shall comply with the Data Protection Law.
The controller shall inform the processor without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the processing of personal data.
The processor will enable the controller to respond to requests from data subjects to exercise their rights under the applicable data protection law in a manner consistent with the functionality of the subscription service. To the extent that the controller does not have the ability to address a data subject request, upon the controller’s request, the processor shall provide reasonable assistance to the controller to facilitate such a request to the extent possible and only as required by applicable data protection law. The controller shall reimburse the processor for the commercially reasonable costs arising from this assistance.
Processor will provide reasonable assistance, including through appropriate technical and organisational measures and taking into account the nature of the processing, to enable Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to personal data (including access, rectification, restriction, deletion, or portability of personal data, as applicable), to the extent permitted by the law. If such a request is made directly to the processor, the processor will promptly inform the controller and will advise the data subjects to submit their request to the controller. The controller shall be solely responsible for responding to any data subjects’ requests.
All and any subsequent dealings between the client and any data subject are the responsibility of the client, and BRC accepts no liability whatsoever therewith.
BRC may change the data protection and processing policy as and when the need arises as per law, and the same will be made available on the website. But our commitment to GDPR compliance will continue.