Call Aserve: +353(0)90 6400103 | Email:email@example.com | DX 12023 – Athlone
ASERVE INVESTIGATORS LIMITED GENERAL TERMS AND CONDITIONS FOR SERVICES
Last updated: 14 February 2023
PLEASE READ THESE GENERAL TERMS & CONDITIONS CAREFULLY. OUR TERMS ARE A CONTRACT THAT GOVERNS OUR CLIENTS’ USE OF OUR SERVICES. OUR SERVICES ARE INTENDED FOR BUSINESS USE OR USE IN CONNECTION WITH AN INDIVIDUAL’S TRADE OR PROFESSION ONLY.
The definitions and rules of interpretation in this Clause apply in these General Terms and Conditions.
Sale of Goods and Supply of Services Act 1980;
Addendum (Data Processing Terms)
the addendum to this Agreement;
a natural or legal person subcontracted by Aserve to provide any part of the Services including field agents;
the Agreement arising out of the acceptance of these Terms by the Client and the acceptance of the Order by Aserve;
all laws, statutes, statutory instruments, regulations (EU or national), orders, by-laws, codes, standards, guidelines, decisions and opinions determined by any governmental or regulatory authority, and other laws (regardless of their source), including any judicial or administrative interpretation of them in force and as amended, extended or replaced from time to time that apply to any undertaking or circumstance relevant to any Party, the Agreement or the Services;
has the meaning given to such term in Clause 5.2;
a day other than a Saturday, Sunday or public holiday in Ireland when banks in Dublin are open for business;
the charges payable by the Client to Aserve for the supply of the Services in accordance with Clause 5;
the person or firm who purchases the Services;
has the meaning given to such term in Clause 6.2;
has the meaning set out in Clause 4.1(d);
the date on which the Agreement comes into existence between the Client and Aserve for the supply of Services;
any information of a non-public, confidential or proprietary nature, whether of commercial, financial, legal or technical nature, data-subject, customer, supplier, product or production-related or otherwise in respect of either Aserve, the Client or the individuals or entities referred to by the Client in respect of the Services;
the ability to direct the affairs of another person, whether by virtue of the ownership of contract or otherwise and the expression Change of Control construed accordingly;
Data Protection Law
all Applicable Laws relating to personal data and to privacy in force and as may be amended or replaced from time to time, including but not limited to the GDPR, the Data Protection Acts 1988 to 2018, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 and any other Applicable Laws which implements the Electronic Communications Data Protection Directive (2002/58/EC) and any guidance and codes of practice issued by the Data Protection Commission or the European Data Protection Board applicable to a party;
the area comprised of those states that are contracting parties to the Agreement on the European Economic Area from time to time;
means the euro (€), being the official currency of the European Union;
means the General Data Protection Regulation (EU) 2016/679;
General Terms and Conditions
these general terms and conditions of Aserve for the supply of Services on behalf of the Client and which may be amended from time to time;
Intellectual Property Rights
trade names, logos, trade marks, patents, copyrights, design rights, rights to inventions, business names and domain names, goodwill, right to us and protection the confidentiality of, confidential information and other intellectual property rights of Aserve in each case whether registered or unregistered and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
the Client’s order for Services as provided to Aserve;
Aserve and the Client, each a Party and together the Parties;
Private Security Authority, the independent statutory body in Ireland that regulates private security services;
various ancillary legal and private security services as regulated by the PSA and as set out in Schedule 1 to this Agreement which are carried out by Aserve on behalf of the Client which may, from time to time or as required, be carried out by the Agent;
Standard Contractual Clauses
the contractual clauses dealing with the transfer of personal data to a third country, which have been approved by (i) the European Commission under Data Protection Law or (ii) the Data Protection Commission or an equivalent competent authority under Data Protection Law; and
has the meaning given to such term in Clause 7.1.
All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by Aserve.
Neither Party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Terms not otherwise defined in this Addendum will have the meaning as set forth in the General Terms and Conditions. The following definitions apply in this Addendum (including the Recitals above):
a decision adopted by the European Commission that a relevant country being outside the European Economic Area, or a relevant territory or one or more specified sectors within such country, or an International Organisation ensures an adequate level of protection within the meaning of Article 45 of the GDPR;
this data processing addendum;
the appropriate safeguards, including enforceable Data Subject rights and effective legal remedies, provided pursuant to Article 46 of the GDPR;
Appropriate Technical and Organisational Measures
the appropriate technical and organisational measures referred to in Data Protection Law (including, as appropriate, the measures referred to in Article 32(1) of the GDPR);
has the meaning given to such term in Data Protection Law and relates only to personal data, or any part of such personal data, in respect of which the Client is the Controller, and in respect of which Aserve is the Processor;
Data Protection Commission
the Supervisory Authority in Ireland for the purposes of Article 51 of the GDPR, whose principal administrative offices are at 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland, or any replacement Supervisory Authority under Data Protection Law, appointed from time to time in Ireland;
Data Protection Losses
all liabilities, including all costs (including legal costs), claims, demands, actions, settlements, interest, charges, procedures, expenses, Losses and damages (including relating to material or non-material damage);
Data Subject Rights Request
a request made by a Data Subject to exercise their rights under Chapter III of the GDPR including access to, portability, rectification or erasure of, or restriction of or objection to the Processing of their Personal Data;
has the meaning given to “Purpose of the Processing” in Appendix 1 of this Addendum;
any transfer of personal data to a territory outside of the European Economic Area or to an International Organisation which is not subject to an Adequacy Decision, where such transfer would be prohibited by Data Protection Law;
has the meaning given to such term in clause REF _Ref_ContractCompanion_9kb9Ur01B \n \h \t \* MERGEFORMAT 2.1 08D0C9EA79F9BACE118C8200AA004BA90B0200000008000000210000005F005200650066005F0043006F006E007400720061006300740043006F006D00700061006E0069006F006E005F0039006B0062003900550072003000310042000000 ;
any Processor (including agents and contractors) engaged by Aserve (or by any other Sub-Processor) for carrying out any processing activities of the Personal Data on behalf of the Client in connection with the Services;
has the meaning given to such term in clause REF _Ref_ContractCompanion_9kb9Ur015 \r \h 14.1 08D0C9EA79F9BACE118C8200AA004BA90B0200000008000000210000005F005200650066005F0043006F006E007400720061006300740043006F006D00700061006E0069006F006E005F0039006B0062003900550072003000310035000000 ; and
The terms Controller, Data Subject, International Organisation, Personal Data, Personal Data Breach, Processor, processing and Supervisory Authority have the respective meanings given to them in Data Protection Law from time to time (and related expressions, including process, processed and processes shall be construed accordingly).
(the Specific Instructions).
unless required to do otherwise by Applicable Laws, in which case, where legally permitted, Aserve shall notify the Client of any such requirement before processing the Client Data.
Taking into account the nature of the processing and the information available to Aserve, Aserve shall assist the Client (at the Client’s cost and expense) in the Client’s preparation of a data protection impact assessment where a type of processing is likely to result in a high risk to the rights and freedoms of Data Subjects, in accordance with Article 35 of the GDPR, along with any prior consultation with the Data Protection Commission in accordance with Article 36 of the GDPR.
except to the extent Aserve is liable under paragraph REF _76006785-ecdb-416e-9738-a323b56880d7 \d ” ” \h \n \* MERGEFORMAT 12.2 08D0C9EA79F9BACE118C8200AA004BA90B0200000008000000260000005F00370036003000300036003700380035002D0065006300640062002D0034003100360065002D0039003700330038002D006100330032003300620035003600380038003000640037000000 .
Each Party shall, where required by Data Protection Law, appoint a Data Protection Officer.
The contact information for the specified point of contact for any notices or communications as set out under this Addendum for each Party are the contacts as provided in the General Terms and Conditions and/or any relevant Order from the Client for Services from Aserve.
Details of the Processing
Purpose of the Processing
The provision of certain Services by Aserve (as ordered or instructed by the Client) which require the use, collection or other processing of the Client Data by Aserve.
Duration of the Processing
For the duration of the Agreement or until Aserve no longer processes any Client Data on behalf of the Client.
Subject matter of the Processing
The provision of the Services which may include, without limitation, obtaining personal data from several sources such as registers maintained in the public interest, government and regulatory authorities, publicly available websites, directories, social media and subscribed services, and other service providers and local inquiries on the ground.
Nature and Purpose of the Processing
Any action performed on the Client Data (including searching, filing, storing, gathering, analysing, transmitting, copying, disclosing, compiling) for the purpose of performing the Services.
Individuals notified to Aserve by the Client.
Categories of Personal Data involved
First name, surname, former, prefixes and suffixes; business and residential postal addresses; email address; telephone and fax numbers; occupational roles; website details; dates and places of birth; documentation containing or in connection with births, marriages, and deaths and such other personal data as may be provided by, or obtained on the instruction of, the Client in provision of the Services.
Where paragraph REF _Ref124411242 \r \h 10.2 08D0C9EA79F9BACE118C8200AA004BA90B02000000080000000E0000005F005200650066003100320034003400310031003200340032000000 of this Addendum applies and insofar as Annex II of the Standard Contractual Clauses applies, the technical and organisational measures including technical and organisational measures to ensure the security of the data that the Client, as Data Importer, must implement may include:
 BW note: To be discussed with Aserve.
ASERVE have the highest standards and accreditations to prove it
P.I. Licence no. 06002, EQA-PSA42 P.I. Contractors, ISO 9001:2015 Quality Company Certification & ISO 14001 – Environmental Management System.
Processs Server, Summons Server, Tracing Agents, Vacant Property Checks, Status – Lifestyle Reports, Probate Searches etc.
Aserve, Unit 15, Floor 3, Kilmartin N6 Centre, Dublin Road, Athlone,
Co. Westmeath. N37 TH93.
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