PARTIES

The 'Data Controller': the unincorporated association known as “Momentum”, Jeremy for Labour Limited (JFL) of Flat 15 Butlers Wharf West, 40 Shad Thames, London, England, SE1 2YA and Momentum Campaign (Services) Limited of 3rd Floor, 95-96 Whitechapel High Street, London, London, United Kingdom, E1 7RA;

The 'Data Processor': you (by replying to the email to which this is attached indicating your agreement to this Agreement)

AGREE as follows:

This Agreement is supplemental to any other separate agreement entered into between the parties and introduces further contractual provisions to ensure the protection and security of data passed from the Data Controller to the Data Processor for processing.

The General Data Protection Regulation places certain obligations upon a Data Controller to ensure that any data processor it engages provides sufficient guarantees to ensure that the processing of the data carried out on its behalf is secure. The Data Processor will comply with all legislative obligations under the General Data Protection Regulation.

This Agreement exists to ensure that there are sufficient security guarantees in place and that the processing complies with obligations under the General Data Protection Regulation.

Definitions

"Data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Such processing may be wholly or partly by automatic means or processing otherwise than by automatic means of personal data which form part of a filing system or one intended to form part of a filing system. A filing system shall mean any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographic basis.

Application

Subject to clause 5(b) this Agreement shall apply to all Data sent from the date of this Agreement by the Data Controller to the Data Processor until either party gives one month's written notice of termination.

Purpose of Processing

The Data Processor shall process the Data it receives from the Data Controller solely for the purpose for which it receives the data in question and for no other purpose except with the express written consent of the Data Controller.

Security and Confidentiality of Data

(a) The Data Processor shall only process data using those means The Data Controller has instructed The Data Processor to use. For example, if the Data Controller gives The Data Processor access to data stored on a particular database for the purpose of processing that data on the database, the Data Processor shall not remove the data from that database for processing purposes without the prior consent of The Data Controller.

(b) The Data Processor shall use its best endeavours to safeguard the Data from unauthorised or unlawful processing or accidental loss, destruction or damage and acknowledges that it has implemented the technical, organisational and other measures necessary to prevent unauthorised or unlawful processing or accidental loss or destruction of the Data.

(c) The Data Processor shall ensure that each of its employees, agents or subcontractors are made aware of its obligations with regard to the security and protection of the Data and shall require that they enter into binding obligations with the Data Processor in order to maintain the levels of security and protection provided for in this Agreement.

(d) The Data Processor shall not divulge the Data whether directly or indirectly to any person, firm or company without the express consent of the Data Controller except to those of its employees, agents and subcontractors who are engaged in the processing of the Data and are subject to the binding obligations referred to in 3(b).

(e) The Data Processor shall ensure by written contract that any agent or subcontractor employed by the Data Processor to process Data to which this Agreement relates also provides the Data Processor with a plan of the technical and organisational means it has adopted to prevent unauthorised or unlawful processing or accidental loss or destruction of the Data and confirms to the Data Processor the implementation of those means.

Indemnity

The Data Processor shall indemnify The Data Controller against any costs, claims, expenses (including reasonable legal costs) damages, liabilities, actions and proceedings brought against The Data Controller by any third party arising out of a breach of this Agreement by The Data Processor (or an employee, agent or subcontractor of such party).

Termination

(a) Subject to clause 5(b) either Party may terminate this Agreement upon giving one month's prior written notice to the other. Upon receipt of written notice from the Data Controller or upon giving written notice of termination to the Data Controller, the Data Processor shall return any Data received from the Data Controller to the Data Controller forthwith.

(b) Notwithstanding termination the provisions of clause 3 shall survive the termination of this Agreement and shall continue in full force and effect until all Data are returned to the Data Controller.

Assignment

This Agreement shall not be transferred or assigned by the Data Processor except with the prior written consent of the Data Controller.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties shall submit to the exclusive jurisdiction of the Courts of England and Wales.

For more information on who processes your data, the basis on which we process it, how we keep it secure, how long we will keep it for, how you can get in touch with our Data Protection Officer and make a request or a complaint in regards to the processing of your data, please see our privacy policy.

PARTIES

The 'Discloser': the unincorporated association known as “Momentum”, Jeremy for Labour Limited of Flat 15 Butlers Wharf West, 40 Shad Thames, London, England, SE1 2YA and Momentum Campaign (Services) Limited of Walkden House, 10 Melton Street, London, England, NW1 2EJ;

The 'Recipient': you

AGREE as follows:

DEFINITIONS

In this Agreement:

'Confidential Information', for the purposes of this agreement, includes, but is not limited to, information that any one or all of the Discloser may from time to time disclose or otherwise cause the Recipient or an Authorised Person to have access to, whether directly or indirectly, whether before or after the date of this Agreement, whether in existence at the date of this Agreement or which subsequently comes into existence, including any copies, reproductions, duplicates or notes in any form whatsoever and in whatever form including without limitation orally, in writing, in electronic, tape, disk, physical or visual form, or which the Recipient otherwise comes to know or have access to, subject to the limitations in paragraph 5 below, and which concerns or amounts to:

(i) Know-how, technical knowledge or trade secrets owned, known or otherwise possessed by any one or all of the Disclosers;

(ii) Tactical, strategic, business, political, campaigning, lobbying or any other plans, timetables or methodologies of any one or all of the Disclosers;

(iii) Statistical information possessed by any one or all of the Disclosers;

(iv) Research conducted by or for any one or all of the Disclosers;

(v) Personal data on any data subject, owned, controlled, processed or otherwise possessed by any one or all of the Disclosers;

(vi) Financial, commercial or technical information about any one or all of the Disclosers or possessed by any one or all of the Disclosers;

(vii) The identity of the employees, agents, customers, partners or any other associates of any one or all of the Disclosers;

(viii) Any other information which is expressly identified as confidential by any one or all of the Disclosers; or

(ix) Any other information which by its nature or the method of its storage could be reasonably determined to be confidential.

 The Disclosers intends to disclose information (the Confidential Information) to the Recipient.

 The Recipient undertakes not to use the Confidential Information for any purpose, except that explicitly stated by any of Momentum’s agents, without first obtaining the written agreement of the Disclosers.

 The Recipient undertakes to keep the Confidential Information secure and not to disclose it to any third party

 The undertakings in clauses 3 and 4 above apply to all of the information disclosed by the Discloser to the Recipient, regardless of the way or form in which it is disclosed or recorded but they do not apply to:

a) any information which is or in future comes into the public domain (unless as a result of the breach of this Agreement); or

b) any information which is already known to the Recipient and which was not subject to any obligation of confidence before it was disclosed to the Recipient by the Discloser.

 Nothing in this Agreement will prevent the Recipient from making any disclosure of the Confidential Information required by law or by any competent authority.

 The Recipient will, on request from the Discloser, return all copies and records of the Confidential Information to the Discloser and will not retain any copies or records of the Confidential Information.

 Neither this Agreement nor the supply of any information grants the Recipient any licence, interest or right in respect of any intellectual property rights of the Discloser except the right to copy the Confidential Information solely for the expressly stated purpose.

 The undertakings in clauses 3 and 4 will continue in force indefinitely.

 This Agreement is governed by, and is to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.