Data Protection Policy


1. Definitions

“Client” means the legal or natural person or company procuring the Services as specified in the Agreement.

“Supplier” Top Resource Group Ltd, (company number 11571298) with registered office at Kemp House, 152 City Road, London, EC1V 2NX.

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data, as defined in Article 4(7) of the GDPR.

“Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as defined in Article 4(8) of the GDPR.

“Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law.

“Data Protection Law” means GDPR and any data protection legislation applicable from time to time in the UK, or jurisdictions in which the services are provided

“GDPR” means any individual to whom Data relates, relevant to the provision of your services under the Contract.

“Data Subject” means the individual to whom Personal Data relates.

2. Client Responsibilities as a Data Controller

2.1 Compliance with Instructions: The parties acknowledge and agree that Client is the Controller of Personal Data and Supplier is the Processor of that data. Processor shall collect, process and use Personal Data only within the scope of Client’s Instructions.

2.1 Client shall be solely responsible for complying with the statutory requirements relating to data protection and privacy, in particular regarding the disclosure and transfer of Personal Data to the Processor and the Processing of Personal Data. For the avoidance of doubt, Client’s instructions for the Processing of Personal Data shall comply with the Data Protection Law.
2.2 In the event where Client orders the supplier to collect the personal data for the purpose of B2B email list building or sending email campaigns, Controller must have a lawful ground, or reason, for collecting/ processing the data under lawful ground called ‘legitimate interest’.
2.3 Client shall inform Supplier without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data.

3. Obligations of Supplier as a Data Processor

3.1 If the Supplier believes that an Instruction of the Controller infringes the Data Protection Law, it shall immediately inform the Client without delay.
3.2 If Supplier cannot process Personal Data in accordance with the Instructions due to a legal requirement under any applicable European Union or Member State law, Processor will (i) promptly notify the Controller of that legal requirement before the relevant Processing to the extent permitted by the Data Protection Law; and (ii) cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as the Client issues new instructions with which Supplier is able to comply. If this provision is invoked, Supplier will not be liable to the Client under the Agreement for any failure to perform the applicable services until such time as the Client issues new instructions in regard to the Processing.
3.3 Security: Supplier shall take the appropriate technical and organisational measures to adequately protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. Such measures include, but are not limited to:
3.4 The prevention of unauthorised persons from gaining access to Personal Data Processing systems,
3.5 The prevention of Personal Data Processing systems from being used without authorisation,
3.6 Ensuring that persons entitled to use a Personal Data Processing system gain access only to such Personal Data as they are entitled to accessing in accordance with their access rights, and that, in the course of Processing or use and after storage, Personal Data cannot be read, copied, modified or deleted without authorization,
3.7 Ensuring that Personal Data cannot be read, copied, modified or deleted without authorisation during electronic transmission, transport or storage on storage media, and that the target entities for any transfer of Personal Data by means of data transmission facilities can be established and verified,
3.8 Ensuring the establishment of an audit trail to document whether and by whom Personal Data have been entered into, modified in, or removed from Personal Data Processing systems,
3.9 Ensuring that Personal Data is Processed solely in accordance with the Instructions,
3.10 Ensuring that Personal Data is protected against accidental destruction or loss.
3.11 Supplier will facilitate Client’s compliance with the Controller’s obligation to implement security measures with respect to Personal Data (including if applicable Controller’s obligations pursuant to Articles 32 to 34 (inclusive) of the GDPR).
3.12 Confidentiality: Processor shall ensure that any personnel whom Processor authorises to process Personal Data on its behalf is subject to confidentiality obligations with respect to that Personal Data. The undertaking to confidentiality shall continue after the termination of the above-entitled activities.
3.13 Personal Data Breaches: Processor will notify the Client without undue delay after it becomes aware of any Personal Data Breach affecting any Personal Data. At the Client’s request, Supplier will promptly provide the Client with all reasonable assistance necessary to enable the Client to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if Client is required to do so under the Data Protection Law.
3.14 Deletion or Retrieval of Personal Data: Other than to the extent required to comply with Data Protection Law, following termination or expiration of the Agreement, Supplier will delete or return all Personal Data (including copies thereof) processed pursuant to the agreement and an Order. If Supplier is unable to delete Personal Data for technical or other reasons, Supplier will apply measures to ensure that Personal Data is blocked from any further Processing.
3.15 Client shall, upon termination or expiration of the Agreement and by way of issuing an Instruction, stipulate, within a period of time set by Processor, the reasonable measures to return data or to delete stored data. Any additional cost arising in connection with the return or deletion of Personal Data after the termination or expiration of the Agreement shall be borne by Client.
3.16 Data Protection Impact Assessments and Consultation with Supervisory Authorities: To the extent that the required information is available to Processor and the Controller does not otherwise have access to the required information, Supplier will provide reasonable assistance to Client with any data protection impact assessments, and prior consultations with supervisory authorities or other competent data privacy authorities, which Client reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to the processing of Personal Data.


4. Data Subject Requests

4.1 Processor will enable Controller to respond to requests from Data Subjects to exercise their rights under the applicable Data Protection Law in a manner consistent with the functionality of the Subscription Service. To the extent that Controller does not have the ability to address a Data Subject request, then upon Controller’s request Processor shall provide reasonable assistance to the Controller to facilitate such Data Subject request to the extent able and only as required by applicable Data Protection Law. Controller shall reimburse Processor for the commercially reasonable costs arising from this assistance.
4.2 Processor will provide reasonable assistance, including by appropriate technical and organizational measures and taking into account the nature of the Processing, to enable Controller to respond to any request from Data Subjects seeking to exercise their rights under the Data Protection Law with respect to Personal Data (including access, rectification, restriction, deletion or portability of Personal Data, as applicable), to the extent permitted by the law. If such request is made directly to Processor, Processor will promptly inform Controller and will advise Data Subjects to submit their request to the Controller. Controller shall be solely responsible for responding to any Data Subjects’ requests.

5. Liability

5.1 All and any subsequent dealings between the Client and any data subject are the responsibility of the Client, and Supplier accepts no liability whatsoever therewith. The Client will indemnify Supplier against any Losses in connection therewith.

6. Additional Terms for Client and Supplier

6.1 Client acknowledges and accept that they will at all times comply with the provisions of current data protection legislation. And they will not, by any act or omission cause Supplier to be in breach of current data protection legislation.
6.2 Client acknowledges and accept that they are acting as a data controller for the purpose of current data protection legislation in connection with any personal data obtained in the provision of the Services by Supplier. It is the Client’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for collecting/ processing any personal data.
6.3 Client agrees to deal fairly and professionally with individuals whose data is obtained in the provision of the Services by Supplier and not do anything which may bring Supplier into disrepute. You will indemnify us from and against any claim brought by an individual against Supplier arising from your breach of this obligation or any other of these terms and conditions.
6.4 Supplier acknowledges that it will act as a data controller and data processor where applicable for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.

Last Updated 04-01-2021