1. SERVICES.
Customer desires to purchase and Agency agrees to provide the services described in the services attachment (“Services Attachment”) entered into between Customer and Agency under this Addendum (“Services”). The provisions of this Addendum shall apply any time Customer seeks to obtain Services related to individuals residing outside the United States of America or its Territories.
2. CUSTOMER CERTIFICATIONS AND OBLIGATIONS.
Customer certifies that, prior to requesting Services from Agency, Customer will ensure that each individual about whom Customer is requesting information (each a “Data Subject”) has been provided a written notice statement advising the Data Subject of their rights (in accordance with the relevant national and/or international data privacy protection standards) and that his or her personal information will be used to enable Agency to provide the Services to Customer. Customer further certifies that, prior to requesting Agency provide any Services, Customer will obtain written consent (which is given voluntarily and has not been withdrawn) from each Data Subject authorizing the transfer, export and processing of his or her personal information outside the country in which his or her information is kept. The notices and authorizations required for Data Subjects may include signed international consent forms, waiver letters, and special letters of authority (limited power of attorney) and proof of identity. Agency will not be able to begin performing any Services until it has received all required documentation. Agency reserves the right to decline service requests based upon judicial, legislative, and statutory restrictions within the jurisdiction of origin for any personal information.
3. AUTHORIZATION TO PROVIDE AND TRANSFER PERSONAL INFORMATION.
Agency is authorized under this Agreement to obtain personal information of Data Subjects in connection with the Services solely for the purposes permitted by applicable laws including, but not limited to, the European Directive on Data Protection 95/46/EC, Data Protection Act 1998, Codes of Practice as set forth in The EU Employment Practices Data Protection Code, Part 1: Recruitment and Selection, internationally accepted Fair Information Handling Practices, and any other applicable International Laws under which information may be requested/processed. Agency will, at its expense, obtain and maintain authorizations, licenses, registrations and filings that may be required to execute or perform its obligations under this Agreement. Agency will either execute appropriate Data Transfer Contracts for all jurisdictions or local providers (data processors), or otherwise satisfy the privacy and security required by such laws.
Agency is not liable for Customer’s obligations/responsibilities related to International Fair Information Handling Practices including but not limited to Customer’s collecting, transferring, processing, or securing any Data Subject’s personal information. Customer agrees that the indemnification and limitation of liability set forth in Section 15 of the Services Agreement shall govern any applicable third party claims arising out of or related to the Services.
4. INTERNATIONAL CONSUMER PRIVACY.
Agency is committed to consumer privacy for all Data Subjects. If Customer receives notice from a Data Subject residing outside the United States or its territories regarding a dispute concerning the completeness or accuracy of any item of information contained within the Services, Customer will provide notice of the issue including all relevant information to Agency within five (5) business days of receiving notice of the disputed information. Upon receipt of such notice, Agency will conduct an investigation and will provide the results of the reinvestigation, dispute, and a description of the reinvestigation procedure and/or notice of expedited resolution within thirty (30) days of receipt of the notice from Customer. Customer agrees to convey the results of the Agency re-investigation to the Data Subject.
5. INTEGRATION.
Unless specifically modified herein all other terms of the Services Agreement shall remain in effect and unchanged. In the event of a conflict between this Addendum and the Services Agreement the terms and conditions of this Addendum shall control.