1. Definitions & Interpretation
The following definitions and rules of interpretation apply in this DPA.
- 1.1. Definitions:
- Business Purposes: the Services to be provided by Skillcast to the Customer as described in the Agreement and any other purpose specifically identified in Annex A.
- Customer Personal Data: means Personal Data which Skillcast Processes on behalf of the Customer in the performance of the Services. It does not include Personal Data for which Skillcast is a Controller.
- Commissioner: the Information Commissioner (see Article 4(A3), UK GDPR and section 114, DPA 2018).
- Controller, Processor, Data Subject, Personal Data, Personal Data Breach and Processing: each have the meanings given to them in the Data Protection Legislation.
- Data Protection Legislation: 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 and 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 Skillcast is subject which relates to the protection of Personal Data.
- EU GDPR: the General Data Protection Regulation ((EU) 2016/679).
- Records: has the meaning given to it in Clause 12.
- Sub-processor: means any entity (including Skillcast's Affiliates) which is engaged by Skillcast to process the Customer Personal Data for the Business Purposes. For the avoidance of doubt, Sub-processors do not include individual consultants which may be engaged by Skillcast to perform any of Skillcast's obligations under the Agreement. Such consultants shall be treated like Skillcast's employees and Skillcast shall be liable for their acts and omissions to the same extent as if the acts or omissions were performed by Skillcast.
Term: this DPA's term as defined in Clause 10.
- UK GDPR: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the DPA 2018.
- 1.2. This DPA is subject to the terms of the Agreement and is incorporated into the Agreement. Interpretations and defined terms set forth in the Agreement apply to the interpretation of this DPA.
- 1.3. The Annexes form part of this DPA and shall have effect as if set out in full in the body of this DPA. Any reference to this DPA includes the Annexes.