Alfiesoft Limited, Ground Floor West Suite, Cottis House, Locks Hill, Rochford, Essex SS4 1BB. Company Registered in England 4306664. Data Protection Registered Z2014235. (ALFIE)
Whereas ALFIE is a software development company providing online digital assessments and SCHOOL is an educational establishment registered with the Department for Children, Schools and Families delivering learning within the United Kingdom.
The Data Protection Act 1998 (“the Act”) became enacted in March 2000. By virtue of the seventh data protection principle contained in Schedule 1 of the Act, “data controllers” are obliged to impose certain obligations of security regarding secure storage of the data in relation to personal data upon their “data processors” which, in the context of the Contract is ALFIE.
Pursuant to that legal requirement the SCHOOL require ALFIE to undertake the assurance as set out below.
That ALFIE undertake to the SCHOOL to comply with the obligations of the “data controller” under the provisions of the Seventh Data Protection Principle, as set out in Schedule I, Part II of the Act as regards any personal data ALFIE process in providing the Services. In addition, ALFIE:
- Warrant and undertake that ALFIE will at all times during the currency of the Contract have appropriate technical and organisational measures in place acceptable to the SCHOOL to protect any personal data accessed, processed and stored by ALFIE against;
- unauthorised or unlawful processing of personal data
- accidental loss or destruction of, or damage to, personal data held or processed by ALFIE
and that ALFIE have
- taken all reasonable steps to ensure the reliability of any of ALFIE staff which will have access to personal data processed as part of the service.
- Undertake that ALFIE will act only on our instructions in relation to the processing of any personal data provided to ALFIE by the School;
- Undertake to consider all (reasonable) suggestions which the School may put to ALFIE to ensure that the level of protection ALFIE provide for personal data is in accordance with this agreement and to make changes suggested unless ALFIE can prove to our reasonable satisfaction that are not necessary to ensure ongoing compliance with your warranty and undertaking at (1) above.
- Undertake that at the cessation of the contract all personal data held by ALFIE will be returned to the School in a format to be agreed.
Breach of any of the above warranties or undertakings relating to the Data Protection Act 1998, will entitle the School to review the current data processing arrangements, and determine whether to terminate the Contract by notice in writing after negotiation with ALFIE, to consider termination of the contract where, after the date of this agreement, ALFIE commits a material breach of such warranties / undertakings and:
- where such breach is capable of remedy, fails to remedy such breach within thirty (30) days of a notice requiring ALFIE to do so; or
- where such breach is not capable of remedy, fails to provide to the School within thirty (30) days of any relevant notice, a proposed plan for ensuring that such breach is not repeated in future. In such circumstances, the School shall be entitled to review the plan and, where such plan is agreed in writing between the parties, ALFIE shall become obliged to implement such plan in accordance with its terms. Any terms defined in the Act will have the same meaning in this agreement.
Managing Director, Alfiesoft Limited