Effective Command Subscription Terms and Conditions

BACKGROUND:

These Terms of Sale set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers through this website, www.effectivecommand.org (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
*“Paid Content”*	means the digital content and recording tools sold by Us
*“Subscription”*	means a subscription to Our Site providing access to Paid Content;
*“Subscription Confirmation”*	means Our acceptance and confirmation of your purchase of a Subscription;
*“We/Us/Our”*	Means K Lamb Associates LTD, a company registered in England under Company number 10243883, whose registered address is Heyford Park House Heyford Park, Camp Road, Upper Heyford, Bicester, Oxon, United Kingdom, OX25 5HD; and
*“You”*	means [ Customer Name ]

Law: means any law, subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978, bye-law, enforceable right within the meaning of Section 2 of the European Communities Act 1972, regulation, order, regulatory policy, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements with which the Processor is bound to comply;

Processor Personnel: means all directors, officers, employees, agents, consultants and contractors of the Processor and/or of any Sub-Processor engaged in the performance of its obligations under this Agreement ]

GDPR CLAUSE DEFINITIONS:

Data Protection Legislation: (i) the GDPR, the LED and any applicable national implementing Laws as amended from time to time (ii) the DPA 2018 [subject to Royal Assent] to the extent that it relates to processing of personal data and privacy; (iiii) all applicable Law about the processing of personal data and privacy;

Data Protection Impact Assessment: an assessment by the Controller of the impact of the envisaged processing on the protection of Personal Data.

Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Data Protection Officer take the meaning given in the GDPR.

Data Loss Event: any event that results, or may result, in unauthorised access to Personal Data held by the Processor under this Agreement, and/or actual or potential loss and/or destruction of Personal Data in breach of this Agreement, including any Personal Data Breach.

Data Subject Request: a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data.

DPA 2018: Data Protection Act 2018

GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679)

Joint Controllers: where two or more Controllers jointly determine the purposes and means of processing

LED: Law Enforcement Directive (Directive (EU) 2016/680)

Protective Measures: appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it including those outlined in Schedule [x] (Security).

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

Sub-processor: any third Party appointed to process Personal Data on behalf of that Processor related to this Agreement

2. Information About Us

2.1 Our Site, effectivecommand.org, is operated by K Lamb Associates LTD, a company registered in England under Company number 10243883, whose registered address is Heyford Park House Heyford Park, Camp Road, Upper Heyford, Bicester, Oxon, United Kingdom, OX25 5HD. Our VAT number is 240067540.

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge. Access to the Training videos, assessment and recording tools requires a paid subscription.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject these Terms of Use www.effectivecommand.org/termsandconditions. Please ensure that you have read them carefully and that you understand them.

4. Business Customers and Consumers

4.1 These Terms of Sale apply to all customers.

4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Subscriptions, Paid Content, Pricing and Availability

5.1 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 3 months before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.

5.2 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.

5.3 In some cases, as described in the relevant content descriptions, we may also make more significant changes to the Paid Content. If We do so, we will inform you at least 1month before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.

5.4 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

5.5 We make all reasonable efforts to ensure that all prices are correct. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).

5.6 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, we will treat your order as cancelled and notify you of this in writing.

5.7 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.4.

5.8 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price at the time of placing your order. Subsequent Subscriptions [and renewals] will be charged at the new price.

5.9 Prices are shown exclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

6.1 All subscriptions are made directly through katherine@effectiveCommand.org Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.

6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

6.3 Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation quotation by email.

6.4 Subscription Confirmations shall contain the following information:

(a) Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

(b) Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;

(c) The duration of your Subscription (including the start date, and the expiry and renewal date);

6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.

6.6 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.

7. Payment

7.1 Payment for annual Subscriptions must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation and on each renewal date.

7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.4.

7.4 If you believe that We have charged you an incorrect amount, please contact Us at katherine@effectivecommand.org as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

8. Provision of Paid Content

8.1 Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.

8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

(a) To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;

(b) To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or

(c) To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.

8.3 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than 7 days, you may end the Contract as described below in sub-Clause 11.2.

8.4 We may suspend provision of the Paid Content if We do not receive payment on time from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.

9. Licence

9.1 When you purchase a Subscription to access Paid Content, We will grant you a limited, exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

(a) You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

10. Ending Your Subscription

10.1 You may cancel your Subscription at any time, however subject to Clause 11 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

10.2 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation by emailing katherine@effectivecommand.org. Cancellation by email is effective from the date on which you send Us your message.

In each case, providing Us with your name, address, email address, telephone number, and Subscription. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.

11. Ending the Contract Because of Something We Have Done (or Will Do)

11.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 5.1 or 5.3), or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.

11.2 If We have suspended availability of the Paid Content for more than 7 days, or We have informed you that We are going to suspend availability for more than 7 days, you may end the Contract immediately, as described in sub-Clause 8.3. If you end the Contract for this reason, We will issue you with a pro-rata refund.

11.3 If availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. See sub-Clause 13.2.6 for more information. If you end the Contract for this reason, We will issue you with a pro-rata refund.

11.4 If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro-rata refund.

11.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.

11.6 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience If you would prefer to contact Us directly to cancel, please use the following details:

(a) Email: katherine@effectivecommand.org ;

In each case, providing Us with your name, address, email address, telephone number, and Subscription. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.

12. Our Liability

12.1 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

12.2 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

13. Events Outside of Our Control (Force Majeure)

13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

(a) We will inform you as soon as is reasonably possible;

(b) We will take all reasonable steps to minimise the delay;

(c) To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

(d) We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;

(e) If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription;

(f) If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience. If you would prefer to contact Us directly to cancel, please use the following details:

Email: katherine@effectivecommand.org ;

In each case, providing Us with your name, address, email address and telephone number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 7 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription.

14. Communication and Contact Details

14.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at katherine@effectivecommand.org.

14.2 For matters relating the Paid Content or your Subscription, please contact Us by email at katherine@effectivecommand.org .

14.3 For matters relating to cancellations, please contact Us by email at katherine@effectivecommand.org or refer to the relevant Clauses above.

15. Complaints and Feedback

15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

15.2 If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us by email at katherine@effectivecommand.org;

16. Data Protection

16.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 16 has been designed to ensure the parties compliance of Article 28(3) of Regulation 2016/679 of the European Parliament and of the Counsel of 27^th April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing directive 95/46/ec (General Data Protection Regulation). This clause does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. The Data Protection Legislation is defined in Schedule 1.

16.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Controller (“You”) and the Provider is the Processor (“Us”). Schedule 2 sets out the scope, nature, purpose of processing by the Provider, as well as other relevant matters including the duration of the processing and the types of Personal Data and categories of Data Subject.

16.3 Without prejudice to the generality of clause 16.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Provider [and/or lawful collection of the Personal Data by the Provider on behalf of the Customer] for the duration and purposes of this agreement.

16.4 Without prejudice to the generality of clause 16.1, the Provider shall, in relation to any Personal Data processed in connection with the performance by the Provider of its obligations under this agreement:

(a) process that Personal Data only on the documented written instructions of the Customer which are set out in Schedule 3unless the Provider is required by Domestic Law to otherwise process that Personal Data. Where the Provider is relying on Domestic Law as the basis for processing Personal Data, the Provider shall promptly notify the Customer of this before performing the processing required by the Domestic Law unless the Domestic Law prohibits the Provider from so notifying the Customer;

(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential (unless such personnel is subject to existing duty under statute) and that we shall only grant access to personal data being processed on behalf of You; and

(d) not transfer any Personal Data outside of the UK or provide access to individuals or organisatons outside the UK/EEA unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

(i) the Customer or the Provider has provided appropriate safeguards in relation to the transfer;

(ii) the data subject has enforceable rights and effective legal remedies;

(iii) the Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

(iv) the Provider complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;

(e) assist the Customer, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(f) notify the Customer without undue delay on becoming aware of a Personal Data Breach;

(g) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Domestic Law to store the Personal Data; and

(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 16 [and allow for audits by the Customer or the Customer's designated auditor and immediately inform the Customer if, in the opinion of the Provider, an instruction infringes the Data Protection Legislation];

(i) carry out Data Protection Impact Assessments when required; and

(j) consult the Supervisory Authority where a Data Protection Impact Assessment indicates there is a high risk that cannot be mitigated.

16.5 The Provider may appoint a third-party processor (“sub-processors”) of Personal Data under this agreement. The Provider confirms that it has entered or (as the case may be) will enter with the Sub Processor into a written agreement incorporating terms which are substantially similar to those set out in this clause 16 and in either case which the Provider confirms reflect and will continue to reflect the requirements of the Data Protection Legislation. As between the Customer and the Provider, the Provider shall remain fully liable for all acts or omissions of any Sub Processor appointed by it pursuant to this clause 16.

Name of Sub-processor

Location

Service provided

PURPLE SHEEP INTERNET LIMITED

Registered office address

Unit 2, 2 Pennygillam Way, Pennygillam Industrial Estate, Launceston, PL15 7ED

Company number 03984900

United Kingdom

Data Sub-processor

16.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 16 by replacing it with any applicable controller to processor standard clauses or similar terms adopted under the Data Protection Legislation or forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

17. Other Important Terms

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

17.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).

18. Law and Jurisdiction

18.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

18.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

SCHEDULE 1

Definitions:

Data Protection Legislation:

(a) To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.

(b) To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the Customer or Provider is subject, which relates to the protection of personal data.

Domestic Law:

the law of the United Kingdom or a part of the United Kingdom.

EU GDPR:

The General Data Protection Regulation ((EU) 2016/679).

EU Law:

The law of the European Union or any member state of the European Union.

UK GDPR:

has the meaning given to it in Section 3(10) (as supplemented by Section 205(4)) of the Data Protection Act 2018.

SCHEDULE 2

Processing, personal Data and Data subjects

1. Processing by the Provider

1.1 Scope

The scope and nature of the data processing of personal data on behalf of the Data Controller is the provision of services to Data Controller under the terms of this agreement which will include, but not limited to, names, personnel details, email addresses of all candidates entered into the system by the Data Controller.

1.2 Purpose of processing

The processing of the data will involve 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 of data. Duration of the processing

1.2.1 Clause 16 and the schedules referred to in clause 16 shall become effective from the date of both parties’ signature.

1.2.2. Both parties shall be entitled to require the clauses renegotiated if changes to the law or inexpediency of the clauses should give rise to such renegotiation.

1.2.3 The clauses shall apply for the duration of the provision of personal data processing services. The contract between the parties are subject to renewal each year. For the duration of the provision of personal data processing services, the clauses cannot be terminated unless other clauses governing the provision of personal data processing services have been agreed between the parties.

1.2.4 On termination of the provision of personal data processing services, the Data Processor shall be required to either provide the Data Controller the processed data in a machine-readable format and/or be required to delete all personal data processed on behalf of a Data Controller and certified to the Data Controller that it has done so; and

1.2.5 Delete existing copies of the personal data unless legislation requires it to be stored.

1.4 Audit and Inspection

The Data Processor shall make available to the Data Controller all information necessary to demonstrate compliance with obligations laid down in Article 28 and the clauses and allow for and contribute to audits, including self-assessments, inspections carried out by the controller, or by an auditor appointed by the controller.

2. Types of Personal Data

The processing includes the following types of personal data about data subjects:

Names, email addresses, personnel numbers, training information.

3. Categories of Data Subject

The processing of data under this contract is applicable to firefighter staff of the Data Controller.

SCHEDULE 3

1. The Data Processor Acts according to instructions.

1.1 The Data Processor shall process personal data only on documented instructions from the Data Controller, unless required to do so by law to which the processor is subject. Such instructions shall be specified. Subsequent instructions can also be given by the Data Controller throughout the duration of the processing of personal data, but such instructions shall always be documented and kept in writing, including electronically in connection with clause 16 and the schedules.

1.2 The Data Processor shall immediately inform the Data Controller if instructions given by the Data Controller in their opinion of the Data Processor, contravenes the GDPR or legislation.

1.3 The parties agreed that the Data Controller may request the Data Processer where reasonable to obtain an auditor’s report/inspection report to ensure compliance with the GDPR.

1.4 The Data Processer shall be entitled and be under an obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security including pseudonymisation and encryption of personal data and requirements for ensuring ongoing confidentiality, integratory, availability and resilience of processing systems and services as well as describing requirements for protection of data during storage and for physical security of locations at which personal data are processed.