LAST UPDATED: 31 August 2021
These Cross Border Privacy Terms apply and form part of the global
Master Services Agreement and applicable regional statement of work
(“SOW”) or other regional
written or electronic merchant agreement (“Merchant Agreement”) for the provision of deferred payment services by Afterpay to
Merchants (the SOW and/or the Merchant Agreement (as applicable) are
each referred to as the “Afterpay Agreement”) to reflect the parties’ agreement
with regard to the processing of personal
information. Any references to ‘personal data’ shall be construed with
the same meaning as ‘personal information’.
In these Cross Border Privacy Terms:
•
Afterpay means the Afterpay legal entity identified in the SOW or
Merchant Agreement; and
•
Merchant means the merchant legal entity identified in the SOW or
Merchant Agreement.
By entering into the Afterpay Agreement,
Merchant enters into these Cross Border Privacy Terms. Any
capitalised terms not otherwise defined in
these Cross Border Privacy Terms have the same meaning as set out in
the Afterpay Agreement.
Subject to Afterpay providing Merchant written notice of approved
Territories where the Merchant may allow Cross Border Transactions,
the following terms shall apply when processing personal data in
relation to such Cross Border Transactions in the approved
Territories. For the avoidance of doubt, not all Territories are
currently available to Merchants for Cross Border Transactions.
Territory |
Terms |
Cross Border Transactions for Customers in Australia |
You and we will, when performing obligations in relation to
Cross Border Transactions for Customers located in Australia,
comply with any applicable laws and regulations relating to the
collection or handling of personal information in Australia,
including the Privacy Act 1988 (Cth). |
Cross Border Transactions for Customers in New Zealand |
You and we will, when performing obligations in relation to
Cross Border Transactions for Customers located in New Zealand,
comply with any applicable laws and regulations relating to the
collection or handling of personal information in New Zealand,
including the Privacy Act 2020. |
Cross Border Transactions for Customers in Canada |
You and we will, when performing obligations in relation to
Cross Border Transactions for Customers located in Canada,
comply with any applicable laws and regulations relating to the
collection or handling of personal information in Canada,
including The Personal Information Protection and Electronic
Documents Act (PIPEDA), Personal Information Protection Act
(British Columbia), Personal Information Protection Act
(Alberta) and Personal Information Protection Act (Quebec). |
Cross Border Transactions for Customers in the USA |
You and we will, when performing obligations in relation to
Cross Border Transactions for Customers located in the USA,
comply with any applicable laws and regulations relating to the
collection or handling of personal information in the USA,
including the Gramm-Leach-Bliley Act and the California Consumer
Privacy Act of 2018. |
Cross Border Transactions for Customers in the United
Kingdom |
You and we will, when performing obligations in relation to
Cross Border Transactions for Customers located in the United
Kingdom, each comply with the Data Sharing Terms set out
below. |
1.
Interpretation
1.1.
Where there is a reference to “United Kingdom” or “UK” and “UK GDPR”
in these Data Sharing Terms, a party shall interpret the obligations
and rights to also refer to the “European Economic Area” and “GDPR”
respectively if applicable to the processing of Shared Personal Data
under these Data Sharing Terms.
1.2.
In the event of any conflict between the provisions of these Data
Sharing Terms and any provision of the Afterpay Agreement, these Data
Sharing Terms shall prevail to the extent of inconsistency.
2.1.
The parties acknowledge and agree that in relation to the Shared
Personal Data, each party acts as a Data Controller in its own right.
Each party acknowledges that one party ("Data Discloser") will regularly disclose to the other party ("Data Receiver") the Shared Personal Data for the Permitted Purposes.
2.2.
Each party shall comply with its obligations under the Data
Protection Laws at all times during the Term of the Afterpay
Agreement. In particular, each party
shall:
a.
nominate a single point of contact ("POC") for the purposes of these Data Sharing Terms (as identified
in the Appendix to these Data Sharing Terms or as otherwise notified
to the other party from time to time in writing);
b.
ensure that the Shared Personal Data is not irrelevant or excessive
with regard to the Permitted Purposes;
c.
ensure that it processes the Shared Personal Data fairly and lawfully
during the term of the Afterpay Agreement;
d.
inform the Data Subjects, on or before the date when that party
commences the processing of their Personal Data, of the purposes for
which it will process their Personal Data and to provide all the
information that it is obliged to provide under Data Protection Laws
to ensure that the Data Subjects understand how their Personal Data
will be processed by that party; and
e.
be responsible for dealing with its own requests from Data Subjects
under Data Protection Laws in relation to the Shared Personal Data and
shall provide such assistance as is reasonably required to enable the
other party to comply with such requests.
2.3.
The Data Receiver shall not retain or process Shared Personal Data
for longer than is necessary to carry out the Permitted Purposes and
shall be responsible for implementing appropriate measures to ensure
the Shared Personal Data is destroyed or deleted at the end of such
periods.
2.4.
Notwithstanding paragraph 2.3, each party may continue to retain
Shared Personal Data in accordance with any applicable statutory or
professional retention periods.
2.5.
The Data Receiver may only transfer Shared Personal Data to a third
party located outside of the United Kingdom
provided that it ensures that: (i) the transfer is to a country approved by the United Kingdom as
providing adequate protection pursuant to Article 45 of UK GDPR; (ii)
there are appropriate safeguards in place pursuant to Article 46 of UK
GDPR; or (iii) one of the derogations for specific situations in
Article 49 of UK GDPR applies to the transfer.
2.6.
The parties acknowledge and agree that to the extent Merchant
processes any Shared Personal Data outside the United Kingdom (in a
country that has not been designated as providing an adequate level of
protection for Personal Data, Merchant and
Clearpay shall
enter into the Standard Contractual
Clauses. In the event that the Standard
Contractual Clauses are amended, replaced and/or superseded from time
to time, Merchant and Clearpay (or
Afterpay if permitted) shall enter into such amended, replaced and/or
superseded standard contractual clauses as approved by a competent
authority.
2.7.
Each party shall implement and maintain appropriate technical and
organisational measures to ensure a level
of security appropriate to the risk (taking into account
the nature, scope, context and Permitted Purposes of processing the
Shared Personal Data), including from
unauthorised or unlawful processing of
such Shared Personal Data, or accidental loss or destruction of, or
damage to, such Shared Personal Data.
2.8.
In the event of a dispute or claim brought by a Data Subject or a
supervisory authority concerning the processing of Shared Personal
Data against either or both the parties, the parties shall inform each
other about any such disputes or claims and will cooperate with a view
to settling them amicably in a timely fashion.
3.1.
The parties shall take reasonable steps to ensure the reliability of
any employee, agent or contractor who may have access to the Personal
Data, ensuring in each case that access is strictly limited to those
individuals who need to know and/or access the Shared Personal Data,
as
3.2.
Each party shall be obliged to ensure that persons authorized to
process the Personal Data have committed themselves to confidentiality
or are under an appropriate statutory obligation of confidentiality
relating to the Personal Data and processing activities covered by the
Afterpay Agreement and these Data Sharing Terms.
4.1.
Where the Data Receiver appoints a Data Processor to process the
Shared Personal Data, it shall comply with Article 28 of the UK GDPR
and shall remain liable to the Data Discloser for the acts and/or
omissions of the Data Processor.
4.2.
Data Receiver shall choose such Data Processor diligently with
special attention to its good standing and experience.
4.3.
Data Receiver shall enter into a written
contract with any Data Processor and such contract shall impose upon
the Data Processor the same obligations as imposed by the UK GDPR, to
the extent applicable to the subcontracted activities.
5.1.
Each party ("Indemnifying Party") undertakes to indemnify the other party ("Indemnified Party") from all claims, liabilities, costs, expenses, damages,
fines and losses the Indemnifying Party
causes the Indemnified Party as a result of the Indemnifying Party's
breach of any of the provisions of these Data Sharing Terms.
6.1.
In these Data Sharing Terms:
a.
Clearpay means Clearpay Finance Limited (company
number 05198026);
b. Customer User Terms means the Afterpay consumer terms of service relating to the provision of deferred payment services;
c.
Data Controller
has the meaning given to it in the Data Protection Laws (as
applicable);
d.
Data Processor
has the meaning given to it in the Data Protection Laws (as
applicable);
e.
Data Protection Laws
means any applicable laws and regulations in any relevant
jurisdiction relating to the use or processing of personal data
including without limitation: (i) in the
UK the UK GDPR as defined in The Data Protection, Privacy and
Electronic Communications (Amendments etc)
(EU Exit) Regulations 2019; the Data Protection Act 2018; and the
Privacy and Electronic Communications Regulations 2003 (SI 2003/2426);
and (ii) in the European Economic Area, the General Data Protection
Regulation EU 2016/679 (“GDPR”) and any laws and regulations implementing or made pursuant to EU
Directive 2002/58/EC (as amended by 2009/136/EC); in each case, as
updated, amended or replaced from time to time;
f.
Data Subject
means a potential Customer or a Customer who is the subject of
Personal Data and as set out in the Appendix to the Data Sharing
Terms;
g.
Personal Data
has the meaning given to it in the Data Protection Laws (as
applicable);
h.
Permitted Purpose
is as detailed in the Appendix to these Data Sharing Terms;
i.
Shared Personal Data
means the Personal Data to be shared between the parties under the
Afterpay Agreement as set out in these Data Sharing Terms; and
j.
Standard Contractual Clauses
means the standard contractual clauses for the transfer of Personal
Data from the European Economic Area to Data Controllers established
in third countries as set out in the annex to Commission Decision
2004/915/EC, a copy of which is attached to these Data Sharing
Terms.
Appendix to Data Sharing Terms
Shared Personal Data provided by You to
Afterpay (including Data Subject) |
Permitted Purpose |
•
First name, surname and mobile number of potential Customers
and Customers
•
Email address and IP address of
potential Customers and Customers |
For the purpose of
enabling Afterpay to:
•
undertake fraud prevention; and
•
on-board the Customer
For the purpose of
Afterpay exercising its rights and performing its obligations
under the Afterpay Agreement and Customer User Terms. |
•
Customer address
•
Customer order number
•
Customer first name, surname and
email address |
For the purpose of
enabling Afterpay to:
•
deal with Customer complaints relating to the service We
provide to Customers
For the purpose of
Afterpay exercising its rights and performing its obligations
under the Afterpay Agreement and Customer User Terms. |
First name, surname, email address and contact
number of Your employees |
For the purpose of
Afterpay exercising its rights and performing its obligations
under the Afterpay Agreement and Customer User Terms. |
Shared Personal Data provided by Afterpay
to You (including Data Subject) |
Permitted Purpose |
•
Customer address
•
Customer order number
•
Customer first name, surname and
email address |
For the purpose of enabling You
to:
•
deliver Goods to Customers where Merchant
utilises the Afterpay express
checkout function on their Website;
•
deal with Customer complaints relating to the services You
provide to Customers;
•
deal with refunds and/or orders and queries from Customers in
relation to refunds and/or orders (via the
Merchant Portal or otherwise) |
First name, surname, email address and contact
number of Afterpay employees |
For the purpose of You exercising your rights and performing
your
obligations under the Afterpay Agreement. |
2.
Merchant POC
To be provided by the Merchant in writing on signature of the
Afterpay Agreement.
Name: Anu Putrevu
Title: Data Protection Officer Email: [email protected]
As set out in the annex to Commission Decision 2004/915/EC
Standard contractual clauses for the transfer of personal data from
the Community to third countries (controller to controller
transfers)
Name of the data exporting
organisation: Clearpay Finance Limited
Address: 125 Kingsway, London, WC2B 6NH
Tel: n/a
Fax: n/a
Email:
[email protected]
Other information needed to identity the Company registration number: 05198026
organisation:
Name of the data importing
organisation: Merchant.
Address: As set out in the Afterpay Agreement.
Tel: As set out in the Afterpay Agreement.
Fax: As set out in the Afterpay Agreement.
Email: As set out in the Afterpay Agreement.
Other information needed to identity the
organisation:
each a ‘party’; together the ‘parties’.
For the purposes of the clauses:
(a) “personal data”, “special categories of
data/sensitive data”, “process/processing”, “controller”, “processor”,
“data subject” and “supervisory authority/authority” shall have the
same meaning as in Directive 95/46/EC of 24 October 1995 (whereby “the
authority” shall mean the competent data protection authority in the
territory in which the data exporter is established);
(b) “the data exporter” shall mean the
controller who transfers the personal data;
(c) “the data importer” shall mean the
controller who agrees to receive from the data exporter personal data
for further processing in accordance with the terms of these clauses
and who is not subject to a third country’s system ensuring adequate
protection;
(d)
“clauses” shall mean these contractual clauses, which are a
free-standing document that does not incorporate commercial business
terms established by the parties under separate commercial
arrangements.
The details of the transfer (as well as the personal data covered)
are specified in Annex B, which forms an integral part of the
clauses.
The data exporter warrants and undertakes that:
(a) The personal data have been collected,
processed and transferred in accordance
with the laws applicable to the data exporter.
(b) It has used reasonable efforts to determine that the data importer is
able to satisfy its legal obligations under these clauses.
(c) It will provide the data importer, when so requested, with copies of
relevant data protection laws or references to them (where relevant,
and not including legal advice) of the country in which the data
exporter is established.
(d) It will respond to enquiries from data subjects and the authority
concerning processing of the personal data by the data importer,
unless the parties have agreed that the data importer will so respond,
in which case the data exporter will still respond to the extent
reasonably possible and with the information reasonably available to
it if the data importer is unwilling or unable to respond. Responses
will be made within a reasonable time.
(e) It will make available, upon request, a copy of the clauses to data
subjects who are third party beneficiaries under clause 3, unless the
clauses contain confidential information, in which case it may remove
such information. Where information is removed, the data exporter
shall inform data subjects in writing of the reason for removal and of
their right to draw the removal to the attention of the authority.
However, the data exporter shall abide by a decision of the authority
regarding access to the full text of the clauses by data subjects,
as long as data subjects have agreed to
respect the confidentiality of the confidential information removed.
The data exporter shall also provide a copy of the clauses to the
authority where required.
The data importer warrants and undertakes that:
(a)
It will have in place appropriate technical and
organisational measures to protect the
personal data against accidental or unlawful destruction or accidental
loss, alteration, unauthorised
disclosure or access, and which provide a
level of security appropriate to the risk represented by the
processing and the nature of the data to be protected.
(b)
It will have in place procedures so that any third party it
authorises to have access to the personal
data, including processors, will respect and maintain the
confidentiality and security of the personal data. Any person acting
under the authority of the data importer, including a data processor,
shall be obligated to process the personal data only on instructions
from the data importer. This provision does not apply to persons
authorised or required by law or
regulation to have access to the personal data.
(c)
It has no reason to believe, at the time of
entering into these clauses, in the
existence of any local laws that would have a substantial adverse
effect on the guarantees provided for under these clauses, and it will
inform the data exporter (which will pass such notification on to the
authority where required) if it becomes aware of any such laws.
(d)
It will process the personal data for purposes described in Annex B
and has the legal authority to give the warranties and fulfil the
undertakings set out in these clauses.
(e)
It will identify to the data exporter a contact point within its
organisation
authorised to respond to enquiries
concerning processing of the personal data and will cooperate in good
faith with the data exporter, the data subject and the authority
concerning all such enquiries within a reasonable time. In case of
legal dissolution of the data exporter, or if the parties have so
agreed, the data importer will assume responsibility for compliance
with the provisions of clause 1(e).
(f) At the request of the data exporter, it will provide the data
exporter with evidence of financial resources sufficient to fulfil its
responsibilities under clause 3 (which may include insurance
coverage).
(g) Upon reasonable request of the data exporter, it will submit its data
processing facilities, data files and documentation needed for
processing to reviewing, auditing and/or certifying by the data
exporter (or any
independent or impartial inspection agents or auditors, selected by
the data exporter and not reasonably objected to by the data importer)
to ascertain compliance with the warranties and undertakings in these
clauses, with reasonable notice and during regular business hours. The
request will be subject to any necessary consent or approval from a
regulatory or supervisory authority within the country of the data
importer, which consent or approval the data importer will attempt to
obtain in a timely fashion.
(h) It will process the personal data, at its option, in accordance
with:
(i)
the data protection laws of the country in which the data exporter is
established, or
(ii)
the relevant provisions1 of any Commission decision
pursuant to Article 25(6) of Directive 95/46/EC, where the data
importer complies with the relevant provisions of such an
authorisation or decision and is based in
a country to which such an
authorisation or decision pertains, but is
not covered by such authorisation or
decision for the purposes of the transfer(s) of the personal
data2, or
(iii)
the data processing principles set forth in Annex A.
Data importer to indicate which option it selects: (i) Initials of data importer:
;
(i) It will not disclose or transfer the personal data to a
third party data controller located outside
the European Economic Area (EEA) unless it notifies the data exporter
about the transfer and
(i)
the third party data controller processes
the personal data in accordance with a Commission decision finding
that a third country provides adequate protection, or
(ii)
the third party data controller becomes a
signatory to these clauses or another data transfer agreement approved
by a competent authority in the EU, or
(iii)
data subjects have been given the opportunity to object, after having
been informed of the purposes of the transfer, the categories of
recipients and the fact that the countries to which data is exported
may have different data protection standards, or
(iv) with regard to
onward transfers of sensitive data, data subjects have given their
unambiguous consent to the onward transfer
(a)
Each party shall be liable to the other parties for damages it causes
by any breach of these clauses. Liability as between the parties is
limited to actual damage suffered. Punitive damages (i.e.
damages intended to punish a party for its outrageous conduct) are
specifically excluded. Each party shall be liable to data subjects for
damages it causes by any breach of
third party rights under these clauses.
This does not affect the liability of the data exporter under its data
protection law.
(b)
The parties agree that a data subject shall have the right to enforce
as a third party beneficiary this clause
and clauses 1(b), 1(d), 1(e), 2(a), 2(c), 2(d), 2(e), 2(h), 2(i), 3(a), 5, 6(d) and 7 against the data importer or the data
exporter, for their respective breach of their contractual
obligations, with regard to his personal data, and accept jurisdiction
for this purpose in the data exporter’s country of establishment. In
cases involving allegations of breach by the data importer, the data
subject must first request the data exporter to take appropriate
action to enforce his rights against the data importer; if the data
exporter does not take such action within a reasonable period (which
under normal circumstances would be one month), the data subject may
then enforce his rights
1 “Relevant provisions” means those provisions of any
authorisation or decision except for the
enforcement provisions of any
authorisation or decision (which shall be
governed by these clauses).
2 However, the provisions of Annex A.5 concerning rights of access,
rectification, deletion and objection must
be applied when this option is chosen and take precedence over any
comparable provisions of the Commission Decision selected.
against the data importer directly. A data subject is entitled to
proceed directly against a data exporter that has failed to use
reasonable efforts to determine that the data importer is able to
satisfy its legal obligations under these clauses (the data exporter
shall have the burden to prove that it took reasonable efforts).
These clauses shall be governed by the law of the country in which
the data exporter is established, with the exception of the laws and
regulations relating to processing of the personal data by the data
importer under clause 2(h), which shall apply only if
so selected by the data importer under that
clause.
(a) In the event of a dispute or claim brought by a data subject or the
authority concerning the processing of the personal data against
either or both of the 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.
(b) The parties agree to respond to any generally available non-binding
mediation procedure initiated by a data subject or by the authority.
If they do participate in the proceedings, the parties may elect to do
so remotely (such as by telephone or other electronic means). The
parties also agree to consider participating in any other arbitration,
mediation or other dispute resolution proceedings developed for data
protection disputes.
(c) Each party shall abide by a decision of a competent court of the data
exporter’s country of establishment or of the authority which is final
and against which no further appeal is possible.
(a) In the event that
the data importer is in breach of its obligations under these clauses,
then the data exporter may temporarily suspend the transfer of
personal data to the data importer until the breach is repaired or the
contract is terminated.
(b) In the event that:
(i)
the transfer of personal data to the data importer has been
temporarily suspended by the data exporter for longer than one month
pursuant to paragraph (a);
(ii)
compliance by the data importer with these clauses would put it in
breach of its legal or regulatory obligations in the country of
import;
(iii)
the data importer is in substantial or persistent breach of any
warranties or undertakings given by it under these
clauses;
(iv)
a final decision against which no further appeal is possible of a
competent court of the data exporter’s country of establishment or of
the authority rules that there has been a breach of the clauses by the
data importer or the data exporter; or
(v)
a petition is presented for the administration or winding up of the
data importer, whether in its personal or business capacity, which
petition is not dismissed within the applicable period for such
dismissal under applicable law; a winding up order is made; a receiver
is appointed over any of its assets; a trustee in bankruptcy is
appointed, if the data importer is an individual; a company voluntary
arrangement is commenced by it; or any equivalent event in any
jurisdiction occurs
then the data exporter, without prejudice to any other rights which
it may have against the data importer, shall be entitled to terminate
these clauses, in which case the authority shall be informed where
required. In cases covered by (i), (ii),
or (iv) above the data importer may also terminate these clauses.
(c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of
Directive 95/46/EC (or any superseding text) is issued in relation to
the country (or a sector thereof) to which the data is transferred and
processed by the data importer, or (ii) Directive 95/46/EC (or any
superseding text) becomes directly applicable in such country.
(d) The parties agree that the termination of these clauses at any time,
in any circumstances and for whatever reason (except for termination
under clause 5(c)) does not exempt them from the obligations and/or
conditions under the clauses as regards the processing of the personal
data transferred.
(e) In the event of termination of these clauses, the data importer must
return all personal data and all copies of the personal data subject
to these clauses to the data exporter forthwith or, at the data
exporter’s choice, will destroy all copies of the same and certify to
the data exporter that it has done so, unless the data importer is
prevented by its national law or local regulator from destroying or
returning all or part of such data, in which event the data will be
kept confidential and will not be actively processed for any purpose.
The data importer agrees that, if
so requested by the data exporter, it will
allow the data exporter, or an inspection agent selected by the data
exporter and not reasonably objected to by the data importer, access
to its establishment to verify that this has been done, with
reasonable notice and during business hours.
The parties may not modify these clauses except to update any
information in Annex B, in which case they will inform the authority
where required. This does not preclude the parties from adding
additional commercial clauses where required.
The details of the transfer and of the personal data are specified in
Annex B. The parties agree that Annex B may contain confidential
business information which they will not disclose to third parties,
except as required by law or in response to a competent regulatory or
government agency, or as required under clause 1(e). The parties may
execute additional annexes to cover additional transfers, which will
be submitted to the authority where required. Annex B may, in the
alternative, be drafted to cover multiple transfers.
The parties will indemnify each other and hold each other harmless
from any cost, charge, damages, expense or
loss which they cause each other as a result of their breach of any of
the provisions of these clauses. Indemnification hereunder is
contingent upon (a) the party(ies) to be
indemnified (the “indemnified party(ies)”)
promptly notifying the other party(ies)
(the “indemnifying party(ies)”) of a
claim, (b) the indemnifying party(ies)
having sole control of the defence and
settlement of any such claim, and (c) the indemnified party(ies) providing reasonable cooperation and assistance to the indemnifying
party(ies) in
defence of such claim.
Dated:
On behalf of the data exporter On behalf of the data importer
Name: Richard Bayer Name:
Position: EVP, Country Manager, UK Position:
Signature: Signature:
ANNEX A
DATA PROCESSING PRINCIPLES
1.
Purpose limitation: Personal data may be processed and subsequently
used or further communicated only for purposes described in Annex B or
subsequently authorised by the data
subject.
2.
Data quality and proportionality: Personal data must be accurate and,
where necessary, kept up to date. The personal data must be adequate,
relevant and not excessive in relation to
the purposes for which they are transferred and further processed.
3.
Transparency: Data subjects must be provided with information
necessary to ensure fair processing (such as information about the
purposes of processing and about the transfer), unless
such information has already been given by the data exporter.
4.
Security and confidentiality: Technical and
organisational security measures must be
taken by the data controller that are appropriate to the risks, such
as against accidental or unlawful destruction or accidental loss,
alteration, unauthorised
disclosure or access, presented by the
processing. Any person acting under the authority of the data
controller, including a processor, must not process the data except on
instructions from the data controller.
5.
Rights of access, rectification,
deletion and objection: As provided in
Article 12 of Directive 95/46/EC, data subjects must, whether directly
or via a third party, be provided with the personal information about
them that an organisation holds, except
for requests which are manifestly abusive, based on unreasonable
intervals or their number or repetitive or systematic nature, or for
which access need not be granted under the law of the country of the
data exporter. Provided that the authority has given its prior
approval, access need also not be granted when doing so would be
likely to seriously harm the interests of the data importer or other
organisations dealing with the data
importer and such interests are not overridden by the interests for
fundamental rights and freedoms of the data subject. The sources of
the personal data need not be identified when this is not possible by
reasonable efforts, or where the rights of persons other than the
individual would be violated. Data subjects must be able to have the
personal information about them rectified, amended, or deleted where
it is inaccurate or processed against these principles. If there are
compelling grounds to doubt the legitimacy of the request, the
organisation may require further
justifications before proceeding to rectification,
amendment or deletion. Notification of any
rectification, amendment or deletion to
third parties to whom the data have been disclosed need not be made
when this involves a disproportionate effort. A data subject must also
be able to object to the processing of the personal data relating to
him if there are compelling legitimate grounds relating to his
particular situation. The burden of proof
for any refusal rests on the data importer, and the data subject may
always challenge a refusal before the authority.
6.
Sensitive data: The data importer shall take such additional measures
(e.g. relating to security) as are
necessary to protect such sensitive data in accordance with its
obligations under clause II.
7.
Data used for marketing purposes: Where data are processed for the
purposes of direct marketing, effective procedures should exist
allowing the data subject at any time to “opt-out” from having his
data used for such purposes.
8.
Automated decisions: For purposes hereof “automated decision” shall
mean a decision by the data exporter or the data importer which
produces legal effects concerning a data subject or significantly
affects a data subject and which is based solely on automated
processing of personal data intended to evaluate certain personal
aspects relating to him, such as his performance at work,
creditworthiness, reliability, conduct, etc. The data importer shall
not make any automated decisions concerning data subjects, except
when:
(a) (i) such decisions are made by the data
importer in entering into or performing a
contract with the data subject, and
(ii) (the data subject is given an opportunity to discuss the results
of a relevant automated decision with a representative of the parties
making such decision or otherwise to make representations to that
parties.
or
(b) where otherwise provided by the law of the data exporter.
ANNEX B DESCRIPTION OF THE TRANSFER
The personal data transferred concerns the following categories of
data subjects: As described in the Data Sharing Terms Appendix
The transfer is made for the follow purposes:
As described in the Data Sharing Terms Appendix
The personal data transferred concern the following categories of
data:
As described in the Data Sharing Terms Appendix
The personal data transferred may only be disclosed to the following
recipients or categories of recipients: As described in the Data
Sharing Terms Appendix
Sensitive data
(if appropriate)
The personal data transferred concern the following categories of
sensitive data: As described in the Data Sharing Terms Appendix
Data protection registration information of data exporter
(where applicable)
The data exporter’s Information Commissioner’s Office registration
number is ZA285684
n/a
Contact points for data protection enquiries:
Data Exporter: DPO of Clearpay Finance
Limited Data Importer: