Processing of personal data and personal data transfer

 

When necessary to enable Husky to deliver the services, Customer may provide Husky or Husky may have access to, information related to an identified or identifiable individual (“personal data”).

In making personal data available to Husky, Customer confirms that has complied with applicable data protection laws “Data Protection Law” namely the General Data Protection Regulation “GDPR”) or any other applicable laws in relation to personal data.

Husky agrees that when Husky processes personal data on Customer’s behalf in the performance of the services Husky will:

• Only process data on Customer’s documented instructions save where required by law or the order of competent court;
• Only process the personal data under the duty of confidence;
• Ensure that personal data is processed in accordance with applicable Data Protection Law and any other relevant laws and where Husky acts as a processor will notify Customer if any instructions infringes any Data Protections Laws to which Husky is subject to;
• Take all commercially reasonable steps to ensure that the personal data is protected against misuse and accidental loss or disclosure and from unauthorized or unlawful processing, destruction or alteration and in case of any personal data breach (as defined by applicable Data Protection Law) Husky will notify Customer without undue delay upon becoming aware of it;
• Not subcontract our processing of personal data, save that Husky may subcontract and in doing so transfer personal data to Husky authorized personnel, including within Husky Affiliated entities in other jurisdictions or third parties who are bound by appropriate confidentiality and security obligations consistent with the term of this clause without Customer’s written consent;
• Answer Customer’s reasonable inquiries to enable Customer to monitor Husky’s compliance with Data Protection Law and provide Customer with reasonable assistance to enable Customer to comply with applicable Data Protection Laws;
• Upon termination or expiry of this services contract, promptly return to Customer or, if requested by Customer, destroy all copies of personal data, in which case ant right to use, copy or disclose the personal data ceases. This, shall, however, be subject to legislation, regulatory or internal Husky policy requirements for the retention of personal data for periods of time after processing has ceased;
• Where Husky processes personal data that originates from a jurisdiction where the applicable Data Protection Law requires additional safeguards to be put in place for the protection of that data, or Husky transfers personal data from such country Husky agrees to take such steps as Customer reasonably requires including entering into contractual clauses to meet the requirements of applicable Data Protection Law;
• If, due to the nature of the services as described herein or with Customer’s consent Husky determines the purpose and means of all or any of the processing of personal data, Husky will comply with applicable Protection Laws when we do so.
• For the purposes of this section “personal data’ means any information relating to identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data etc.