This Website collects some Personal Data from its Users.
Personal Data: Cookies; Usage Data
Personal Data: company name; email address; first name; last name; phone number
Personal Data: email address
Personal Data: first name; last name
Personal Data: Cookies; Usage Data
Personal Data: various types of Data as specified in the privacy policy of the service
Personal Data: email address
Personal Data: Cookies; email address
In addition to any opt-out feature provided by any of the services listed in this document, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section of the Cookie Policy.
As to that of the Client itself and its representatives, the Supplier
shall act in accordance with industry practice in protecting that
personal data, and shall not sell or otherwise transfer it to third
parties for marketing activities in any circumstance. On occasion,
the Supplier may need to provide the Client’s name and delivery
address to third parties that the Supplier may use for the
purposes of delivering specific services to the Client or its
proposed successors. The Supplier shall not provide any of the
Client’s personal information to other companies or individuals
for marketing purposes without the Client’s permission. The
Supplier shall be entitled to use the personal data of the Client in
the due performance of the Services, this Agreement and (unless
opted out in writing from time to time) for communication to the
Client of the Supplier’s own marketing information.
As to personal data supplied by or through the Client in the
course of its business (including that of its customers and end
users,) the remaining part of this section shall apply:
1.1 Both parties will comply with their respective
obligations under the applicable requirements of the Data
Protection Laws.
©iCloudHosting 2012-2018 Standard MSA v. 2.7 7 | P a g e
1.2 The parties acknowledge that for the purposes of the
Data Protection Laws and so far as this relationship under this
Agreement is concerned, the Client is the data controller and The
Supplier is the data processor (where Data Controller and Data
Processor have the meanings as defined in the Data Protection
Laws). The following sets out the scope, nature and purpose of
processing by the Supplier, the duration of the processing and the
types of personal data (as defined in the Data Protection Laws,
Personal Data) and categories of Data Subject:
(a) Processing by the Supplier: The provision of data
hosting services for the Client and indirectly its customers.
(b) Types of personal data: Each of the Client or its
customers decide individually which users’ data is processed by
configuration of data specific fields in the provided software or
interface. Often, these are: first name(s), surname, department /
organization, telephone number, fax number, e-mail address, IP
address, address, skype number, internal employee number,
payment details, other contact detail, location and personal data
within the content of material transmitted and/or stored. Special
or sensitive personal data is usually not requested or collected
unless incidentally within content itself or unless the Client
notifies the Supplier of any in writing.
(c) Categories of data subject:
(i) Each of the Client or its customers decide
individually the category of data subjects. Usually, these are:
employees of or workers within the organisation as well as
employees/workers of their partners and customers.
(ii) To submit ideas or create other content,
users need to register accounts. In these accounts, personal data
is managed by the user (in particular, registration, correction,
deletion).
in each case subject to any agreed written variation or addition
between the Client and the Supplier.
1.3 The Client declares and acknowledges that the
Supplier has no control, involvement, role or responsibility as to
the type or use of data put by the Client itself or third parties
generally nor, without limitation, the Client’s servants, agents,
customers or suppliers or end-users of the Client’s services or
those of the Client’s customers and the Supplier merely provides
an IT repository for data with a specified conduit for its
movement to and from the Client or third party infrastructure.
The Supplier’s processing does not include the manipulation,
selection, ordering, searching or monitoring of such Personal Data
other than in a generic sense of storage in the scope of the
Services. The Client is responsible for the cleansing, updating,
timely deletion and maintenance of Personal Data.
1.4 The Client will ensure that it has all necessary
appropriate consents and notices in place to enable lawful
transmission of the Personal Data to the Supplier and its
processing in accordance with this Agreement for the duration
and purposes of this Agreement.
1.5 Without prejudice to the generality of clause 1.1, the
Supplier shall, in relation to any Personal Data processed in
connection with the performance by the Supplier of its
obligations under this Agreement:
(a) process that Personal Data only in accordance with the
performance of the Services and otherwise either required under
this Agreement (this Agreement being agreed to constitute
written instructions from the Client for processing of Personal
Data) or by variation of Services agreed with the Supplier; or
(b) process that Personal Data if required by the laws of
any member of the European Union or by the laws of the
European Union applicable to the Supplier to process Personal
Data (Applicable Laws). Where the Supplier is relying on laws of a
member of the European Union or European Union law as the
basis for processing Personal Data outside of pre-agreed
processing, the Supplier shall promptly notify the Client of this
before performing the processing required by the Applicable Laws
unless those Applicable Laws prohibit the Supplier from so
notifying the Client;
(c) ensure that it has in place appropriate, industrystandard
for England, technical and organisational measures to
protect against unauthorised or unlawful processing of that
Personal Data and against accidental loss or destruction of, or
damage to, those Personal Data, having regard to the state of
technological development and the cost of implementing any
measures;
(d) ensure that all personnel who have access to and/or
process those Personal Data are obliged not to permit disclosure
of the Personal Data except as required by law or for the
purposes of this Agreement; and
(e) not transfer any of those Personal Data outside of the
European Economic Area (other than the Client’s transmission
and receipt of data over the Internet and the use of similar
networks that may involve part of the network being located
outside the European Economic Area and/or the UK), unless the
prior written consent of the Client has been obtained;
(f) assist the Client, at the Client's cost using the
Supplier’s then current standard time rates, in responding to any
request from a Data Subject and in ensuring compliance with its
obligations under the Data Protection Laws with respect to
security, breach notifications, impact assessments and
consultations with supervisory authorities or regulators;
(g) notify the Client without undue delay on becoming
aware of a material Personal Data breach committed by the
Supplier, its servants or agents and take reasonable steps to
prevent further disclosure or breach and mitigate the potential
adverse effects on affected data subjects in cooperation with the
Client;
(h) at the written direction of the Client, delete or return
to the Client or allow the Client to retrieve from dedicated
equipment the Personal Data and copies thereof on termination
of the Agreement unless required by Applicable Law to store the
Personal Data;
(i) maintain appropriate records and information to
demonstrate its compliance with this clause 1;
©iCloudHosting 2012-2018 Standard MSA v. 2.7 8 | P a g e
(j) in accordance with Data Protection Laws, make
available to the Client such information as is reasonably necessary
to demonstrate the Supplier’s compliance with its obligations
under Article 28 of the GDPR (and under any Data Protection
Laws equivalent to that Article 28), and allow for and contribute
to audits, including inspections, by the Client’s professional
appointee for this purpose, subject to the Client:
(1) giving the Supplier reasonable prior notice
of such information request, audit and/or inspection being
required by the Client;
(2) ensuring that all information obtained or
generated by the Client or its auditor(s) in connection with such
information requests, inspections and audits is kept strictly
confidential (save for disclosure to the supervisory authority
under Data Protection Laws or as otherwise required by
Applicable Laws);
(iii) ensuring that such audit or inspection is undertaken
during normal business hours, with minimal disruption to the
Supplier’s business, any sub-processors’ business and the
business of other customers of the Supplier; and
(k) paying the Supplier’s costs using the then current
standard time rates of the Supplier for assisting with the provision
of information and allowing for and contributing to inspections
and audits.
1.6 The Client consents to the Supplier appointing thirdparty
processor of Personal Data under this Agreement. The
Supplier confirms that it has entered or (as the case may be) will
enter with the third-party processor into a written agreement
substantially on that third party's standard terms of business (to
be supplied to the Client if requested other than commercially
sensitive information). The Supplier may, at any time on not less
than 30 days’ notice, revise this clause 1 by replacing it with any
applicable controller to processor standard clauses or similar
terms forming part of an applicable certification scheme (which
shall apply when replaced by addition of an attachment or
schedule to this Agreement). In addition and notwithstanding any
other provisions of this clause, the approval requirements for
subcontracting shall not apply in cases where the Supplier
subcontracts ancillary deliverables to third parties; such including,
the provision of external contractors, data back-up and disaster
recovery, telecoms providers, third party hosting providers, third
party colocation providers, mail, shipping and receiving services,
and maintenance services. The Supplier shall conclude, with such
third parties, any agreement reasonably necessary for the
adequate protection of Personal Data.
1.7 The Supplier shall nominate a point of contact for all
issues related to data privacy and protection within the scope of
the Agreement and pending notification otherwise this will be the
Managing Director.
1.8 The Client shall immediately confirm oral instructions
(at the minimum in text form) relevant to Personal Data.
1.9 If the Supplier informs the Client that it considers that
an instruction violates Data Protection Laws then it shall be
entitled to suspend the execution of the relevant instructions
until the Client satisfactorily confirms compliance or changes
them.
1.10 The Client shall, without undue delay and in a
comprehensive fashion, inform the Supplier of any defect that the
Client considers has occurred in their and/or the Supplier’s
compliance with Data Protection Laws.
1.11 The Client shall be obliged to maintain the public
register of processing where and when required in accordance
with Article 30 GDPR.
ACCEPTABLE USE POLICY
The Supplier's Acceptable Use Policy ("Policy") is intended to help
protect the Supplier service, clients and the Internet community
in general from irresponsible or, in some cases, illegal activities,
and the Client agrees to be bound by the Policy.
1. The Client and their end users shall not, nor shall they permit,
enable, or assist others, to use the Services for any breach of any
applicable local, national or the international law or regulation or
generally accepted transmission or application protocols
applicable to the Internet or any part of it or to anything
connected to it or to any user of it. Such prohibited use includes
but is not limited to the following:
a. civil infringement of and/or criminal offences relating
to IPRs; or
b. commission of any criminal offence (including
deliberate transmission of computer viruses) under
the Computer Misuse Act 1990 (UK) or any similar
legislation in any country; or
c. knowingly or recklessly transmitting, displaying or
posting to a publicly accessible service any material
which is unlawful or actionably defamatory or an
invasion of privacy, breach of an intellectual property
right or breach of a right of publicity in any jurisdiction
with which any publicly accessible service reasonably
appears to have any connection or from which it may
reasonably be apprehended that a publicly accessible
service is likely to be significantly accessed; or
d. transmitting, transferring, displaying or posting to a
publicly accessible service any material in breach of
the Data Protection Act 1998 (UK), GDPR or similar
legislation in any other country or of any material
which is confidential or is a trade secret or which
affects the national security of the United Kingdom or
the said territory or which may expose the Supplier to
any liability, loss or penalty under the laws and/or
regulations and/or decrees of the United Kingdom or
any other country relating to the export of or dealing
with military or potentially military resources; or
e. use of the Services or the Internet in any manner
which is a violation or infringement of any rights of any
kind or nature (whether similar to any of the foregoing
or otherwise) of any person; or
f. any sending of unsolicited email messages or any mass
mailing of unsolicited advertising material by the
Client; or
©iCloudHosting 2012-2018 Standard MSA v. 2.7 9 | P a g e
g. any activity that potentially could harm the Supplier
Network, its clients' networks or other networks,
including traffic flooding, malicious overflows, etc; or
h. any activity that the Supplier decides at its absolute
discretion is an unsuitable use of the Services (and any
failure or delay to exercise its discretion shall not be
taken as approval or condoning of such use).
2. The Client is responsible for:
a. The activities of its customer base or end-users and, by
accepting service from the Supplier, is agreeing to
ensure that its clients abide by this Policy. If
irresponsible or illegal activity continues, even after
the Supplier tries to communicate with the Client,
then the Client may be subject to an appropriate
action in order to stop those activities.
3. IRC services or IRC-related services are not permitted. This
includes, but is not limited to: "IRCd servers," "eggdrops," "bots,"
and "bouncers." The purpose of this restriction is to prevent
attacks on the Supplier service due to malicious activity that has
been known to occur on the IRC networks EFnet and Undernet.
4. The Client warrants that it will respond to any Abuse
Complaints within 24 hours and urgently respond and comply
with all take-down or similar notices or requirements.
ZuLogic Limited, Three Trees, The Street, Ulcombe, Kent ME17 1DX
Owner contact email: support@zulogic.co.uk