UK GDPR ADDENDUM TO Let’s Talk Interactive GDPR DATA PROCESSING ADDENDUM

UK GDPR ADDENDUM TO Let’s Talk Interactive GDPR DATA PROCESSING ADDENDUM

This UK GDPR Addendum (this “Addendum”) supplements the Let’s Talk Interactive GDPR Data Processing Addendum available at EU DPA or other agreement between Customer and Let’s Talk Interactive governing the processing of Customer Data pursuant to the GDPR (the “Let’s Talk Interactive GDPR DPA”). This Addendum applies when the UK GDPR applies to Customer’s use of the Services to process UK Customer Data. Unless otherwise defined in this Addendum, all capitalised terms used in this Addendum will have the meanings given to them in the Let’s Talk Interactive GDPR DPA.

  1. Applicability. Except as otherwise set out in this Addendum, the terms of the Let’s Talk Interactive GDPR DPA will apply to Customer’s use of the Services to process UK Customer Data, and all references to “GDPR” in the Let’s Talk Interactive GDPR DPA will be replaced with “UK GDPR”, all references to “Customer Data” in the Let’s Talk Interactive GDPR DPA will be replaced with “UK Customer Data”, and all references to “Standard Contractual Clauses” will be replaced with “Legacy Standard Contractual Clauses”.
  1. Transfers of UK Customer Data. When this Addendum applies, Sections 12.2 (“Application of Standard Contractual Clauses”) and 12.3 (“Alternative Transfer Mechanism”) of the Let’s Talk Interactive GDPR DPA will not apply, and the following Section will apply:

Application of Legacy Standard Contractual Clauses. The Legacy Standard Contractual Clauses will only apply to UK Customer Data that is transferred, either directly or via onward transfer, to any UK Third Country (each a “UK Data Transfer”). The Legacy Standard Contractual Clauses will not apply to a UK Data Transfer if Let’s Talk Interactive has adopted an alternative recognised compliance standard for lawful UK Data Transfers.”

  1. Definitions. The following capitalized terms used in this Addendum have the meaning given to them below:

Legacy Standard Contractual Clauses” means the standard contractual clauses for the transfer of personal data to processors established in third countries as approved by the European Commission Decision of 5 February 2010, and currently located in Annex A of this Addendum.

UK Customer Data” means the “personal data” (as defined in the UK GDPR) that is uploaded to the Services under Customer’s Let’s Talk Interactive accounts.

UK GDPR” means the GDPR as amended and incorporated into UK law under the European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act.

UK Third Country” means a country outside the UK not recognised by the Secretary of State or the Data Protection Act 2018 as providing an adequate level of protection for personal data (as described in the UK GDPR).”

  1. Legacy Standard Contractual Clauses. Annex A (“Standard Contractual Clauses (processors)”) of this Addendum will apply in accordance with Section 2 of this Addendum.

  1. Entire Agreement; Conflict. Except as supplemented by this Addendum, the Let’s Talk Interactive GDPR DPA (if applicable) and the Agreement will remain in full force and effect. Where both this Addendum and the Let’s Talk Interactive GDPR DPA apply to a processing activity, both will apply concurrently. This Addendum, together with the Let’s Talk Interactive GDPR DPA and the Agreement: (a) is intended by the parties as a final, complete and exclusive expression of the terms of their agreement, and (b) supersedes all prior agreements and understandings between the parties with respect to the subject matter hereof.