Data Privacy
1. In order to use the Services, you may need to grant GS4ED access to
information that, directly or indirectly, either alone or in combination with
other data, identifies or uniquely relates to an individual employed or
otherwise retained by you or your agents or subcontractors or contractors.
2. You are responsible for compliance with all municipal, provincial, and
federal laws or regulations in the area of protection of privacy and personal
data including where you provide GS4ED with or put at GS4ED’s disposal
Personal Data.
3. GS4ED Services are provided on the basis that you have obtained any
required consents under applicable municipal, provincial and federal laws
or regulations relating to data privacy legislation for collection, use,
disclosure and processing to GS4ED of Personal Data.
4. If you give GS4ED access to any Personal Data, GS4ED shall be allowed
to process Personal Data to perform the Services, and such processing shall
adhere to the data privacy legislation applicable to the Services in the
jurisdiction where the processing occurs.
5. You warrant that the transfer of Personal Data to GS4ED complies with
all applicable laws and regulations on protection of Personal Data. If the
processing of Personal Data by GS4ED is conducted in accordance with
your instructions as agreed with GS4ED, you shall indemnify, defend and
hold GS4ED harmless from and against any and all claims, liabilities, losses
and reasonable expenses incurred by or asserted against GS4ED in
connection with any third-party claim related to the processing of the
Personal Data. You understand and accept that you bear the sole and full
responsibility for the backup and redundancy of any Personal Data.
6. Insofar as we obtain the consent of the data subject for the processing of
personal data, art. 6 para. 1 lit. a EU Data Protection Ordinance (GDPR)
serves as the legal basis for the processing of personal data.
7. In the processing of personal data required for the performance of a
contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves
as the legal basis. This also applies to processing operations that are
necessary to carry out pre-contractual measures. Insofar as the processing
of personal data is required to fulfil a legal obligation to which our company
is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis.
8. In the event of the vital interests of the data subject or another natural
person requiring the processing of personal data, article 6(1)(d) GDPR
serves as the legal basis. If processing is necessary to safeguard a legitimate
interest of GS4ED and if the interests, fundamental rights and freedoms of
the data subject do not outweigh the first-mentioned interest, art. 6 para. 1
lit. f GDPR serves as the legal basis for processing.