The following definitions and rules of interpretation apply in this data processing agreement (the “Agreement”), in addition to the definitions set out in the Terms above.
Account: an account which You are required to create (for registration purposes) on this site in order for You to avail of the Services, and for Us to administer Your use of the Services.
Appropriate Technical and Organisational Measures: the appropriate technical and organisational measures referred to in Data Protection Legislation (including, as appropriate, the measures referred to in Article 32(1) of the GDPR).
Business Purpose: the provision of the Services.
Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Data: any data or information, in whatever form, including but not limited to images, still and moving, and sound recordings.
Data Protection Legislation: means the Data Protection Acts 1988 to 2018, GDPR, and any other applicable law or regulation relating to the Processing of Personal Data and to privacy (including the E-Privacy Directive and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (“E-Privacy Regulations”), as such legislation shall be supplemented, amended, revised or replaced from time to time.
Data Subject: an individual who is the subject of Personal Data (including any individual User).
Delete: to remove or obliterate Personal Data such that it cannot be recovered or reconstructed, and Deleted shall be interpreted accordingly.
DPC: Data Protection Commission, Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.
EEA: European Economic Area.
GDPR: General Data Protection Regulation (EU) 2016/679.
GeoDirectory Required Data: has the meaning set out in Clause 2.1 below.
Normal Business Hours: 9.00am to 5.00 pm in Ireland.
Our System: any information technology system or systems owned or operated by Us to which User Uploaded Data is delivered, including the Site (and any cloud based system utilized by us).
Personal Data: any information provided by You to Us relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, including but not limited to an identifier, such as a name, an email address, a phone number, an identification number, location data, or an online identifier. This Agreement relates only to personal data, or any part of such personal data, in respect of which You are the Controller, and in respect of which We are the Processor.
Personal Data Breach: means any personal data breach in respect of the Personal Data which is caused by Us, where personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction, and Processed and Process shall be interpreted accordingly.
Processing Period: the period of thirty (30) days (referred to in Clause 4.3 of this Agreement) before Your User Uploaded Data is automatically Deleted.
Representatives: a party’s employees, officers, representatives, advisers or subcontractors involved in the provision or receipt of the Services.
Restricted Transfer: any transfer of Personal Data to countries outside of the EEA which are not subject to an adequacy decision by the European Commission, where such transfer would be prohibited by Data Protection Legislation.
Security Features: any security feature, including any encryption, pseudonymisation, key, PIN, password, token or smartcard.
Services: has the meaning given to that term in clause 1 (a) in the Terms above.
Site: the site/website referred to in the Terms (www.addressfix.ie or www.geodirectory.ie).
Standard Contractual Clauses: the contractual clauses dealing with the transfer of Personal Data outside the EEA, which have been approved by (i) the European Commission under Data Protection Legislation, or (ii) by the DPC or an equivalent competent authority under Data Protection Legislation.
Sub-processor: has the meaning given to such term in Clause 12.1 of this Agreement.
Terms: the terms and conditions applicable to Your use of the Service and payment for same etc. which, for the avoidance of doubt are in addition to the Terms and this Agreement.
User: the Account holder.
User Uploaded Data: has the meaning set out in Clause 2.2 below.