1.1 The CUSTOMER agrees that it is the data controller under the Article 1 sub b of de “Wet bescherming persoonsgegevens” (Wbp) or, if applicable, the data protection law of the state which has jurisdiction over the data and CUSTOMER shall comply with the applicable data protection law with the Wbp as a minimum.
1.2 To the extent that the Services require ONEBIZZ to process the CUSTOMER’s personal data, ONEBIZZ confirms that it shall do so strictly in accordance with the CUSTOMER’s instructions. The Parties agree that in such case ONEBIZZ acts as data processor defined in Article 1.e of the Wbp and ONEBIZZ confirms that it shall diligently observe its obligations under the Wbp.
1.3 ONEBIZZ warrants that throughout the course of the Services, the Content will remain wholly within the European Economic Area at all times unless otherwise agreed in writing.
CUSTOMER holds ONEBIZZ harmless and indemnifies ONEBIZZ against claims from third parties, including data subjects and data protection agencies (among others the College Bescherming Persoonsgegevens) based on violations of data protection rules and regulations by CUSTOMER. In case there is an obligation to inform the data subject, ONEBIZZ will comply with this obligation and can charge CUSTOMER for the reasonably made costs.
2.1 Confidential Information means information howsoever disclosed by one Party to the other which was not already in the public domain prior to the Agreement.
2.2 Each Party shall only use the other’s Confidential Information to the extent necessary and in connection with the performance or use of the Services, as applicable, or as otherwise necessary to give effect to the Agreement, or as may be required by law or any applicable third party agreement like a EULA or SLT. CUSTOMER acknowledges that Microsoft and/or any third party supplier under circumstances has the right to inspect CUSTOMER’s data and ONEBIZZ is allowed to provide information about CUSTOMER and its organization and operations to Microsoft.
2.3 Each Party agrees to keep the other’s Confidential Information in confidence and only disclose such Confidential Information on a need-to-know basis and only to persons or parties under its control.
2.4 ONEBIZZ’s Confidential Information includes the Service, ONEBIZZ services and other material made available by ONEBIZZ, beta versions of ONEBIZZ’s products or services, roadmap information for ONEBIZZ’s products and services, Customer Data (not otherwise owned by an Authorised User), and support cases related to the Service whether or not marked as confidential or proprietary.
2.5 The CUSTOMER agrees that ONEBIZZ may include the CUSTOMER in its list of CUSTOMERS. Each Party will obtain the other’s prior written approval for any other publicity concerning the Agreement or which mentions the other Party.