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“Agreed Purposes” | has the meaning given in clause 7; |
“Commencement Date” | has the meaning given in clause 5.1; |
“Controller”, , “Personal Data”, “Personal Data Breach”, “Processing” (including “Process” and “Processed”), and “Special Categories of Personal Data” | has the meaning given in the DPA 2018; |
“Commissioning Contract” | means the commercial arrangement between the Parties; |
“Data Protection Law” | means, for the periods in which they are in force in the United Kingdom, the DPA 2018, the GDPR, the Electronic Communications Data Protection Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to Processing of Personal Data and privacy; |
“Data-Subject” “Patient” | means a natural person 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 in any PKB Data; |
“Data Subject Access Request” | means a request from a Data Subject under Data Protection Law in respect of PKB Data; |
“DPA 2018” | means the Data Protection Act 2018; |
“GDPR” | means the General Data Protection Regulation (Regulation (EU) 2016/679) and UK General Data Protection Regulation; |
“PKB data” | means all personal data held on the PKB platform, both patient Record and Patient Account; |
“Services”, “Platform”, “Solution” | means the PKB software and architecture, infrastructure and operations. |
“Third-Party Communication” | has the meaning given in clause 11.3. |
“UK GDPR” | means the GDPR as implemented into UK law by the DPA 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419). |
3.2 The following rules of interpretation apply to this Agreement:
3.2.1 clause, schedule, and paragraph headings shall not affect the interpretation of this Agreement.
3.2.2 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
3.2.3 the Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules;
3.2.4 unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular;
3.2.5 a reference to a statute, statutory provision or other legal instrument is a reference to it as amended, extended, or re-enacted from time to time; and
3.2.6 any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3.3 In the event and to the extent of a conflict between:
3.3.1 the main body of this Agreement and the Schedules, except as expressly stated otherwise, the main body of this Agreement shall prevail to the extent of such conflict
4. SCOPE AND APPLICATION
4.1 This Agreement applies to the processing of Personal Data on the PKB Platform. Any reference in this Agreement to PKB Data shall be interpreted as a reference to any Personal Data held on the PKB Platform.
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