This Data Privacy and Security Agreement ("DPSA") Schedule governs the privacy and security of Personal Data Processed by ALONG THE WAY DATING SITE.
ALONG THE WAY DATING SITE in connection with the Services on Customer’s behalf and is made a part of the agreement between
ALONG THE WAY DATING SITE and Customer, or if no agreement exists,
ALONG THE WAY DATING SITE standard terms and conditions (“Agreement”).
1. This DPSA forms part of the Agreement. To the extent there are any conflicts between the terms of this DPSA and the Agreement, the DPSA shall prevail.
2. Definitions:
2.1. “Personal Data” or “Customer Personal Data” means any (Customer) information relating to an identified or identifiable natural persons or as otherwise defined in applicable Privacy Laws.
2.2. “Business Contact Data” means contact information of Customer's representatives for invoicing, billing, and other business inquiries, (ii) information on Customer's usage of Services, and (iii) other information that ALONG THE WAY DATING SITE collects and needs to communicate with Customer.
2.3. “Privacy Laws” mean all applicable laws and regulations relating to the Processing of Personal Data and privacy that may exist in the relevant jurisdictions.
2.4. “Controller” means the natural or legal person, public authority, agency, or any other body which alone or jointly with others determines the purposes and means of the Processing of Personal Data in accordance with applicable Privacy Law.
2.5. “Processor” means any natural or legal person, public authority, agency, or other body which Processes Personal Data on behalf of a Controller or on the instruction of another Processor acting on behalf of a Controller.
2.6. “Process,” “Processing,” or “Processed” means an operation or set of operations performed on or with Personal Data whether or not by automatic means (including, without limitation, accessing, collecting, recording, organizing, retaining, storing, adapting or altering, retrieving, consulting, using, disclosing, making available, aligning, combining, blocking, erasing, and destroying Personal Data) and any equivalent definitions in Privacy Law to the extent that such definition should modify this definition.
2.7. “Services” means HPE support services and/or cloud-based solutions acquired by
Customer from HPE or and HPE authorized reseller.
2.8. "Relevant Countries" means the Federal Republic of Nigeria.
2.9. “BCR-P” means the Intercompany Agreement and the applicable policies and procedures which form HPE's Binding Corporate Rules for Processors as they apply to Customer and as developed, amended or updated by HPE from time to time in accordance with the applicable Working Documents adopted by the Article 29 Working Party (and subsequently the European Data Protection Board). A copy of the documentation comprising the BCR-P, which is incorporated by reference and is an integral part of this DPSA, would be made available by HPE upon a Customer’s written request.
2.10. “Intercompany Agreement” means the agreements executed among the different HPE affiliates and subsidiaries adhering to the BCR-P. A copy of the Intercompany Agreement would be made available by HPE upon a Customer’s written request.
ALONG THE WAY DATING SITE AGREEMENT SCHEDULE
ALONG THE WAY DATING SITE DATA PRIVACY AND SECURITY ADDENDUM
EXHIBIT A - ALONG THE WAY DATING SITE OFFERINGS
In this Exhibit, HPE describes the terms specific to different Aruba offerings, including its commitment to technical and organizational security measures to protect Customer Personal Data.
Please see specific data privacy Product Data Sheet.
1.1. Duration of Processing: ALONG THE WAY DATING SITE shall process Customer Personal Data for the duration of the applicable transaction document.
1.2. Security Measures: ALONG THE WAY DATING SITE shall maintain the following information and physical security program for the protection of Customer Personal Data (the “ALONG THE WAY DATING SITE Security Program”):
1.2.1. Computers, servers and networking hardware have reasonable up-to-date versions of system security software which may include host firewall, anti-virus protection, and up-to-date patches and virus definitions. Software is configured to scan for and promptly remove or fix identified findings. ALONG THE WAY DATING SITE maintains logs of various components of the infrastructure and an intrusion detection system to monitor, detect, and report misuse patterns, suspicious activities, unauthorized users, and other actual and threatened security risks.
1.2.2. Employees and contractors are trained on HPE’s privacy and security policies and made aware of their responsibilities with regard to privacy and security practices. ALONG THE WAY DATING SITE employees and contractors are contractually bound to maintain the confidence of Customer Personal Data and comply with applicable HPE policies, standards, or requirements in relation to the Processing of Customer Personal Data. Failure to comply with those policies, standards, or requirements will be subject to investigation which may result in disciplinary action up to and including termination of employment or engagement by ALONG THE WAY DATING SITE.
1.2.3. In the event ALONG THE WAY DATING SITE confirms a security breach leading to the accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of, or access to, Customer Personal Data (“Security Incident”), ALONG THE WAY DATING SITE will:
1.2.3.1. without undue delay, notify Customer of the Security Incident. ALONG THE WAY DATING SITE will provide Customer with updates on the status of the Security Incident until the matter has been remediated. The reports will include, without limitation, a description of theSecurity Incident, actions taken, and remediation plans. If Customer becomes aware of a Security Incident that affects the Services, Customer shall promptly notify ALONG THE WAY DATING SITE of such and inform ALONG THE WAY DATING SITE of the scope of the Security Incident.
1.2.3.2. at the request and cost of the Customer, (i) provide reasonable assistance to the Customer in notifying a security breach to the supervisory authority competent under the Privacy Laws applicable to the Customer; and (ii) provide reasonable assistance to the Customer in communicating a data breach to data subjects in cases where the data breach is likely to result in a high risk to the rights and freedoms of individuals.
1.3. International Transfers of EU Customer Personal Data
1.3.1. Customer acknowledges that as part of the Services the Nigerian Customer Personal Data may be processed in a Relevant States.
1.3.2. Where this involves any ALONG THE WAY DATING SITE company based in a Relevant States and Customer is established in the Nigeria, Customer wishes to rely on ALONG THE WAY DATING SITE’s BCR-P in relation to the transfer of the Nigerian Customer Personal Data to the Relevant Countries in connection with the provision of the Services.
1.3.3. Accordingly, the parties have agreed as follows:
1.3.3.1. ALONG THE WAY DATING SITE (and any other ALONG THE WAY DATING SITE company whom the Customer authorizes to Process Nigerian Customer Personal Data pursuant to
Clause 1.3 of this DPSA) may receive and/or transfer Nigerian Customer Personal Data to the Relevant Countries in accordance withthe BCR-P;
ARUBA AGREEMENT SCHEDULE
ALONG THE WAY DATING SITE DATA PRIVACY AND SECURITY ADDENDUM
1.3.3.2. the BCR-P shall be binding to the Customer by means of the third party rights set out in Clause 4.1 of the BCR-P which shall include the right to enforce the BCR-P against ALONG THE WAY DATING SITE or ALONG THE WAY DATING SITE affiliates or subsidiaries, including judicial remedies and the right to receive compensation.
1.3.4. Customer shall:
1.3.4.1. ensure that if the transfer involves Special Category Data, that Nigerian Data Subjects have been informed of the transfer, or will be informed before the transfer, that this Special Category Data could be transmitted to a Relevant Countries; and
1.3.4.2. inform EU Data Subjects regarding the existence of Processors outside of the EU/EEA and of Customer's reliance on the BCR-P as required by Privacy Laws and shall make available to EU Data Subjects upon request a link to ALONG THE WAY DATING SITE's BCR right.

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