DATA PROCESSING TERMS

1. Definitions

For the purposes of these terms:-

Company means FD Intelligence Limited (Company Number SC651122) of 10th Floor, 133 Finnieston Street, Glasgow, Scotland, G3 8HB;

Customer means a third party who places an Order;

Data Controller shall have the meaning given in the Data Protection Legislation;

Data Processor shall have the meaning given in the Data Protection Legislation;

Data Protection Legislation means all applicable laws, regulations and regulatory rules which govern the processing of personal data and privacy including but not limited to (i) the Data Protection Act 2018 (ii) the UK GDPR (and to the extent it applies the EU GDPR) (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) (iv) any subsequent legislation enacted and duly in force from time to time relating to the processing of Personal Data and (v) all guidance and / or codes of practice issued from time to time by the Information Commissioner or relevant government department, and any relevant rulings from time to time of the Information Commissioner or of the Courts of Scotland  or the Courts of England and Wales relating to the processing of Personal Data;

Data Subject shall have the meaning given in the Data Protection Legislation;

Data Subject Access Requests shall have the meaning given in the Data Protection Legislation;

EU GDPR shall have the meaning given in section 3(10) of the Data Protection Act 2018;

Order means an order placed with the Company by a Customer in accordance with the terms and conditions of the Website;

Personal Data shall have the meaning given in the Data Protection Legislation;

Personal Data Breach means a breach of security leading to the accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or, or access to, the Personal Data;

Processing shall have the meaning given in the Data Protection Legislation;

Records means detailed, accurate and up-to-date written records regarding any Processing of Personal Data, including but not limited to, the access, control and security of the Personal Data, approved sub-processors, the Processing purposes and categories of Processing;

Services means the services to be provided by the Company to the Customer in terms of an Order;

Supervising Authority shall have the meaning given in the Data Protection Legislation;

UK GDPR shall have the meaning given in section 3(10) of the Data Protection Act 2018;

Website means the Company’s website at www.fdintelligence.co.uk.

2. Status

Where Personal Data may be processed in connection with the provision of the Services under an Order, for the purposes of any such Processing, the Company will act as the Data Processor and the Customer will act as the Data Controller.

3. Processing
   • The Company:
     • shall process Personal Data only as is necessary in accordance with the fulfilment of the obligations of the Company to provide the Services pursuant to an Order, these terms, any written instructions given by the Client or as is required by the Data Protection Laws;
     • subject to condition 3.1.1 above, shall only process or otherwise transfer any Personal Data in or to any country outside the European Economic Area with the Customer’s prior written consent;
     • shall maintain the confidentiality of Personal Data and shall not disclose the Personal Data to third-parties unless either the Customer specifically authorises the disclosure or if the Company is required by UK law, court or regulator (including the Supervising Authority), provided always that, if a domestic UK law, court or regulator (including the Supervising Authority) requires the Company to disclose the Personal Data to a third-party, the Company must first, if reasonably practicable inform the Customer of such legal or regulatory requirement and, if reasonably practicable, give the Customer an opportunity to object or challenge the requirement, unless the domestic UK law prohibits the giving of such notice.
     • maintain complete and accurate records and information to demonstrate its compliance with this condition 3.1 and make such records available on written request to the Customer.
   • In conjunction with the Company and in its own right and in respect of these terms and the Order, the Customer:
     • shall take all necessary steps and make all necessary preparations to ensure they are compliant with Data Protection Laws and shall
     • shall implement appropriate technical and organisational measures to protect Personal Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure, having regard to the nature of the Personal Data which is to be protected;
     • notify the Company immediately if the Customer receives (i) a Data Subject Access Request (or purported Data Subject Access Request); (ii) any other request, complaint or communication relating to either the Company or the Customer’s obligations under the Data Protection Laws; or (iii) any communication from a Supervisory Authority or any other regulatory authority in connection with Personal Data processed in terms of the Services.
   • The Company acknowledges and agrees that it shall only authorise a third party to process Personal Data if such third party has entered into a written agreement with appropriate provisions to ensure compliance with the Data Protection Legislation.
   • If a Personal Data Breach occurs or is occurring, or the Company becomes aware of a breach of any of its obligations under this Client Agreement or any of the Data Protection Laws, the Company shall as soon as practicable, notify the Client of the Personal Data Breach and provide details of the cause
   • Following the provision of the Services or on the cancellation of the Order, the Company shall, on the written instructions of the Customer, delete or return to the Customer all Personal Data and delete existing copies unless any law or regulatory body requires storage of the Personal Data for a legitimate purpose.