User Licence Agreement (EULA)
1.1 The Licensee’s use of the Service is subject to the following EULA (which, together with all documents incorporated by reference form the Licence). The Licensee agrees to be bound by the Licence and the Licensee will continue to be bound by the Licence for the Term or until the Service is terminated in accordance with this EULA. Some clauses may continue to apply after the termination of this EULA.
1.2 Subject to clause 10 (Suspension and Termination) and the Licensee using the Service in accordance with this EULA, including any Restrictions, Redstor grant the Licensee a non-exclusive, non-transferable right to use the Service.
1.3 The Term for the Service shall start on the Commencement Date and shall continue thereafter, unless and until terminated in accordance with this EULA.
1.4 Annex A sets out further defined terms used in this EULA and not defined in the text.
1.5 Redstor may amend this EULA at any time by posting the relevant amended and restated terms at www.redstor.com/end-user-licence-agreement and notifying the Licensee by email or via the Service. Acceptance of the amended terms will be implied by the Licensee continued use of the Services. By continuing to use the Service, the Licensee agrees that the amended terms shall apply. In the event that the Licensee does not accept the change in the EULA, the Licensee must terminate this Licence within 30 (thirty) days of the date of the written notice notifying the Licensee of such changes (and failure to do so shall constitute acceptance of the Services on the amended terms).
2. SUPPLY OF THE SERVICE
2.1 Redstor will use reasonable endeavours to maintain the availability of the Service in accordance with this Licence. Redstor does not guarantee that the Service will always be available, uninterrupted or fault-free.
2.2 Redstor shall have the right to make any changes to the Service which are necessary to comply with any applicable law, security or safety requirements, and shall notify the Licensee in writing of such changes, where possible giving not less than 30 (thirty) days’ notice of such changes. Redstor shall also have the right to make any change which does not have a material adverse effect or materially negative impact on the functionality of the Service.
2.3 If Redstor makes material adverse changes to the Service Redstor will notify the Licensee in writing and the Licensee shall have 30 (thirty) days from the date of notification to refuse the changes to the Service by notifying Redstor in writing to [email protected] that the Licensee will discontinue the use of the Service and terminate the contract. Failure to notify Redstor in writing to [email protected] within thirty (30) days from the date of notification shall constitute the licensee’s implied acceptance of the change to the Service.
2.4 The Service is intended for business use by businesses resident and operating in the Territory. Redstor does not represent that content available on or through the Service is appropriate or available in other locations. Redstor may block the availability of the Service or any service or product described as part of the Service to any person or geographic area at any time. If the Licensee chooses to access the Service from outside the Territory, they do so at their own risk.
2.5 The Services are licensed subject to the Restrictions, solely for internal business use by the Licensee. All other uses (including but not limited to sub-licensing, resale or the provision of a managed service to third parties) are expressly excluded from this Licence.
2.6 Each Party warrants and undertakes that:
2.6.1 it has full capacity and authority to enter into and to perform its obligations under this EULA;
2.6.2 it shall not make any untrue, misleading, false or derogatory statements concerning the other Party or any affiliate of that other Party, nor any statements which are inconsistent with or detrimental to the goodwill, name, reputation or image of the other Party or any affiliate of that other Party;
2.6.3 this EULA is executed by a duly authorised representative of that Party;
2.6.4 it shall obtain and comply with all consents necessary to perform its obligations under this EULA;
2.6.5 it shall comply with all laws and regulations; and
2.6.6 it shall use current anti-virus software to prevent introducing by any means any viruses, to the Service or to any other system that disrupts, corrupts or damages the Service.
3. The Licensee’s use of the Service
3.1 Redstor shall use reasonable endeavours to perform Redstor’s obligations under the Licence:
3.1.1 within a reasonable period of time;
3.1.2 safely, with all reasonable care and skill and in accordance with good industry practice and standards;
3.1.3 so as to ensure that the Service is free from defects or errors, other than those resulting from any unauthorised material modification or misuse of the Service.
3.2 In relation to the use of the Service by the Licensee, the Licensee undertakes that:
3.2.1 the Licensee will not allow the Service to be used by anyone other than Authorised Users;
3.2.2 each Authorised User shall keep a secure password for their sole use of the Service;
3.2.3 neither the Licensee nor the Authorised Users shall at any time access, store, distribute or transmit any material via the Service:
(a) that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) that facilitates illegal activity;
(c) that depicts sexually explicit images;
(d) that promotes unlawful violence;
(e) that is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(f) in a manner that is otherwise illegal or causes damage or injury to any person or property;
3.2.5 The Licensee shall indemnify Redstor in relation to any loss or damage Redstor suffers as a result of the Licensee’s, or the Licensee Authorised Users’, failure to comply with the provisions of this clause and, in any event, Redstor reserve the right, without liability or prejudice to Redstor’s other rights, to suspend the Service for breach of clause 3.3.
3.2.6 Neither the Licensee nor any of the Licensee’s Authorised Users shall:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties:
(i) and except to the extent expressly permitted under this Licence, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;
(b) access all or any part of the Service in order to build a product or service which competes with the Service; or
(c) use the Service to provide services to third parties which are not consistent with this Licence; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party except the Authorised Users; or
(e) attempt to obtain, or assist third parties in obtaining, access to the Service, other than as provided under this EULA.
3.2.7 the Licensee shall use best endeavours to prevent any unauthorised access to, or use of the Service and, in the event of any such unauthorised access or use, promptly notify Redstor.
3.3 The rights provided under this Licence are granted to the Licensee’s and the Licensee Authorised Users only.
4. The Licensee’s obligations
4.1 The Licensee shall, and the Licensee shall procure that Authorised Users shall:
4.1.1 make all provisions (and pay all costs) required to access the Service and maintain the requisite local network internet access and means of updating inventory and other content on the Service including integrating the Service into the Licensee’s existing systems;
4.1.2 co-operate with Redstor in all matters relating to use of the Service;
4.1.3 provide Redstor with such information and materials as Redstor may reasonably require, including but not limited to the Licensee’s details relating to the Licensee Authorised Users, in order to supply the Service, and ensure that such information is accurate;
4.1.4 obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Licensee use of the Service starts; and
4.1.5 be solely responsible for procuring and maintaining the Licensee network connections and telecommunications links from the Licensee systems to the data centre(s) where the Service is hosted; and
4.1.6 be solely responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Licensee network connections or telecommunications links or caused by the internet; and
4.1.7 comply with Redstor’s Fair Use Policy set out in this Licence and otherwise as in force from time to time.
4.2 If Redstor’s performance of any of Redstor’s obligations under this Licence is prevented or delayed by any act or omission of the Licensees, the Licensee Authorised Users or failure by the Licensee or the Licensee Authorised Users to perform any relevant obligation (“Default”):
4.2.1 Redstor shall without limiting Redstor’s other rights or remedies have the right to suspend performance of the Service until the Licensee remedies the Default and notifies Redstor in writing to [email protected] and to rely on the Default to relieve Redstor from the performance of any of Redstor’s obligations to the extent the Default prevents or delays Redstor’s performance of any of Redstor’s obligations;
4.2.2 Redstor shall not be liable for any costs, loss or damage sustained or incurred by the Licensee arising directly or indirectly from Redstor’s failure or delay to perform any of Redstor’s obligations as a result of the Licensee’s or any of the Licensee’s Authorised Users’ Default.
5. User content
5.1 Redstor does not (and is not required to) endorse, monitor, verify or validate content on the Service. The Licensee agrees that the Licensee and the Licensee’s Authorised Users will be responsible for uploading the Licensee’s content onto the Service and that User content may contain errors and inaccuracies, and may be incomplete or out of date, and the Licensee agrees to exercise the Licensee’s own discretion in deciding the extent to which the Licensee will verify such information before acting or relying on it. The Licensee agrees that User content is made available on the Service without any guarantee, condition, representation or warranty of any kind, express or implied, and the Licensee agrees that Redstor shall be not be liable for any errors or inaccuracies in, or lack of completeness or currency of, User content.
5.2 Notwithstanding the above, Redstor reserves Redstor’s right (but does not have the obligation) to remove, edit or moderate User content.
5.3 The Licensee agrees to indemnify and hold Redstor harmless against any claims or actions brought by third parties alleging that User content posted or published by the Licensee or the Licensee Authorised Users infringes their Intellectual Property Rights, or their right to privacy, or is in breach of confidentiality.
5.4 The Licensee agrees that Redstor may use the User content posted by the Licensee or the licensee’s Authorised Users onto the Service in the course of making the Service available to the Licensee and providing access to Users.
6. Intellectual property rights
6.1 All Services and algorithms used in connection with the Service are Redstor’s property or that of Redstor’s third party Service suppliers and are protected by copyright laws. Any Service logos and trade marks shown on the Service are trademarks, service marks and/or trading names of Redstor’s, and are protected by applicable intellectual property legislation.
6.2 The Licensee grants to Redstor the right to include the Licensee trade marks, service marks and/or corporate names or logos within the Service and in Redstor’s own marketing materials as a Licensee registered to use the Service.
6.3 Each Party agrees that civil and criminal penalties may be incurred in the event of any infringement of the copyright and/or other rights in relation to the Service or its contents and that any such infringement by a Party may result in incalculable damage and/or loss to the other Party and accordingly the infringing Party agrees that, in addition to any other right or remedy of the other Party, that other Party shall be entitled to seek immediate injunctive relief to restrain any actual or apprehended infringement thereof and the infringing Party undertakes to indemnify the other Party in accordance with clause 8.1 or 8.2, as relevant.
7. Data and privacy
7.1 By using the Service, the Licensee and/or the Licensee’s Authorised Users will place information on to the Service. Some of that information will be accessible to third parties and the Licensee agree that in placing information on to the Service that information, or that information in conjunction with other information, regarding individuals may constitute personal data identifying living individuals for the purposes of the Data Protection Legislation (“Personal Data”).
7.3 The Licensee shall (and shall ensure that the Licensee Authorised Users shall) comply at all times with the requirements of Data Protection Legislation with regard to the processing of Personal Data.
7.6 Without prejudice to clause 7.4, each Party warrants that it has satisfied the fair and lawful processing requirements under the Data Protection Legislation with regard to handling data subjects’ Personal Data for which it is responsible, whether as Data Controller or Data Processor, insofar as it relates to the disclosure and/or processing of such Personal Data to the other Party for the purpose of the use or provision of the Service. This includes where the Licensee use any Personal Data relating to any Authorised User.
7.7 Redstor may create and use anonymised aggregated data analytics and market trends from the information and data on the Service. Personal Data shall not be included in any data analytics.
7.8 The Licensee accepts and agrees that Redstor shall have no responsibility for the accuracy of any Personal Data or User content uploaded by the Licensee or the Licensee Authorised Users.
8.1 Redstor shall defend the Licensee, the Licensee’s officers, directors and employees against any third party claim that the Service infringes any third party intellectual property rights in the United Kingdom effective as of the Commencement Date, and Redstor shall indemnify the Licensee for any amounts awarded against the Licensee in judgment or settlement of such claims, provided that:
8.1.1 Redstor are given prompt notice of any such claim;
8.1.2 the Licensee provides reasonable co-operation to Redstor in the defence and settlement of such claim at Redstor’s reasonable expense; and
8.1.3 Redstor is given sole authority to defend or settle the claim.
8.2 The Licensee shall defend, indemnify and hold Redstor harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Licensee and/or the Licensee Authorised User’s use of the Service causing or giving rise to an assertion by a third party that their Intellectual Property Rights have been infringed, provided that:
8.2.1 Redstor give the Licensee prompt notice of any such claim;
8.2.2 Redstor provide reasonable co-operation to the Licensee in the defence and settlement of such claim at the Licensee expense; and
8.2.3 the Licensee is given sole authority to defend or settle the claim.
8.3 In the defence or settlement of any claim:
8.3.1 Redstor may procure the right for the Licensee to continue using the Service, replace or modify the Service so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this agreement on ten 10 (ten) Business Days’ notice to the Licensee without any additional liability or obligation to pay liquidated damages or other additional costs to the Licensee;
8.3.2 the Licensee may procure the right for Redstor to continue using the Licensee’s and/or Users’ content on the Service, or replace or modify the Licensee’s and/or Users’ content so that it becomes non-infringing.
8.4 In no event shall Redstor, Redstor’s employees, agents and sub-contractors be liable to the Licensee to the extent that the alleged infringement is based on:
8.4.1 a modification of the Service by anyone other than Redstor or Redstor’s third party contractors or agents; or
8.4.2 the Licensee or the Licensee’s Authorised Users’ use of the Service in a manner contrary to the instructions given by Redstor; or
8.4.3 the Licensee’s or the Licensee’s Authorised Users’ misuse of the Service, or any breach of Redstor’s obligations under the EULA arising as a result of shortcomings in the licensee’s security protocols or processes; or
8.4.4 the Licensee or the Licensee Authorised Users’ use of the Service after notice of the alleged or actual infringement from Redstor or any appropriate authority.
9. Limitation of liability
9.1 Nothing in the Licence shall limit or exclude either Party’s liability for:
9.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
9.2 Subject to clause 9.1, Redstor shall not be liable to the Licensee or any Authorised User, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the Service for:
9.2.1 Loss of data or content;
9.2.2 loss of sales or business;
9.2.3 loss of agreements or contracts;
9.2.4 loss of anticipated savings or anticipated revenue growth;
9.2.5 loss of use or corruption of Service, data or information;
9.2.6 loss of/or damage to goodwill; and
9.2.7 any indirect or consequential loss.
9.3 Redstor shall have no liability to the Licensee, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Licence and the Licensee shall bring any claim for losses against the Reseller. The liability of the Reseller shall be limited to an amount equal to the fee paid by the Licensee to the Reseller in the twelve months preceding the date of the incident giving rise to liability.
9.4 Redstor do not endorse or recommend any goods or services nor do Redstor make any warranties or representations in respect of any third party, or their goods or services. The Licensee is encouraged to carry out the Licensee’s own due diligence in respect of those with whom the Licensee wishes to transact.
9.5 Redstor cannot be held responsible for any losses or damages incurred resulting from the actions or omissions of any user and/or Authorised User in connection with the Services.
10. Suspension and termination
10.1 In the event the Licensee breaches the Licensee’s obligations under the Licence, Redstor reserves the right to suspend the Licensee’s use of the Service immediately on written notice. In the event of suspension of this Licence and suspension of access to the Service under this Licence, the Licensee remains liable for full payment of the Licence Fee throughout the Licence Term including during any period of suspension.
10.2 without limiting its other rights or remedies, either Party may terminate the Licence with immediate effect by giving written notice to the other Party if:
10.2.1 the other Party commits a material breach of any term of the Licence and (if such a breach is remediable) fails to remedy that breach within 10 (ten) Business Days of that Party being notified in writing to do so;
10.3 To the extent that Redstor’s Agreement terminates or expires other than in order to upgrade the Service to one of Redstor’s enhanced Services, the Licensee shall not be entitled to any refund or discount of any part of the Licence Fee subscribed to.
10.4 Redstor may terminate this Licence at will on twelve months advance written notice.
11. Consequences of termination
11.1 On termination of the Licence for any reason:
11.1.1 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Licence which existed at or before the date of termination or expiry; and
11.1.2 clauses which expressly or by implication survive termination shall continue in full force and effect.
11.2 Redstor shall afford the Licensee 10 (ten) Business Days within which the Licensee may download or export the Licensee data and content from the Service and move it to another platform.
12. Fair Usage Policy
12.1 The bandwidth, storage, infrastructure and resources that we make available in delivering the Service are shared across all our clients. As a result, we reserve the right to take measures to ensure that all clients can enjoy the Service. We may also impose rules for the use of the Service to combat fraud, ensure that use of the Service is not excessive by reference to a client’s contract and/or to ensure that clients use the Service reasonably and fairly and that such use does not interfere with or prevent normal performance of the Service for other clients.
12.2 Where the Service is provided on a ‘per seat’ basis, each per seat licence provides protection for one unique, individual user and is not transferrable between users.
12.3 Where the Service is required to protect data on multiple user systems and/or business collaboration platforms such as Sharepoint or Teams , clients must purchase a licence for every individual user granted access to that platform. Using a ‘per seat’ licence to protect multiple users or the entirety of an organisations’ data is not permitted.
12.4 If you exceed the published use limits for your subscription or if we, acting reasonably and in good faith, consider your use of the Service is not reasonable or is contrary this policy, we reserve the right, at our sole discretion, and notwithstanding anything to the contrary set out in this Licence to take one or more of the following measures:
12.4.1 suspend your use of the Service (including backups of your data) until the matter is resolved with you;
12.4.2 allow you to continue to use the Service subject to payment of additional fees and your compliance with any terms that we may consider reasonable in the circumstances;
12.4.3 notify you that your account will be terminated within a timeframe reasonably set at our discretion. During such the termination notice period, backups of your data will be suspended.
12.5 If we exercise our right to terminate your account:
12.5.1 Your Backup Data will be deleted at the end of the timeframe set out by us in the termination notice we send you; and
12.5.2 We will refund you the fees paid in advance for the remaining term of your subscription period.
13.1 Force majeure.
13.1.1 Neither Party shall be in breach of this Licence nor liable for delay in performing, or failure to perform, any of its obligations under the Licence if such delay or failure result from an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under Redstor’s Agreement (provided that an inability to pay is not force majeure), including any matters relating to transfer of data over public communications networks and any delays or problems associated with any such networks or with the internet.
13.2 Assignment and other dealings.
13.2.1 The Licensee shall not at any time assign, transfer, mortgage, charge, subcontract, novate or deal in any other manner with all or any of the Licensee rights under the Licence and shall not subcontract or delegate in any manner any or all of the Licensee obligations under the Licence to any third party or agent without their written consent.
13.2.2 Redstor may at any time assign, transfer, mortgage, charge, subcontract, novate or deal in any other manner with all or any of Redstor’s rights under the Licence and may sublicence or delegate in any manner any or all of Redstor’s obligations under the Licence to any third party or agent without the Licensee written consent.
13.3.1 Each Party undertakes that it shall not at any time disclose to any person any Confidential Information concerning the business, affairs, clients or suppliers of the other Party, except as permitted pursuant to this EULA.
13.3.2 Each Party may disclose the other Party’s Confidential Information:
(a)to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Party’s obligations under the Licence. Each Party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party’s Confidential Information comply with this clause 12.3; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.4 Entire agreement.
13.4.1 This Licence, and those documents referenced herein, constitute the entire agreement between Redstor and the Licensee and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Redstor and the Licensee, whether written or oral, relating to its subject matter.
13.4.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Licence.
13.5 Variation. No variation of the Licence shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
13.6 Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
13.6.1 waive that or any other right or remedy; or
13.6.2 prevent or restrict the further exercise of that or any other right or remedy.
13.7 Severance. If any provision or part-provision of the Licence is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Licence.
13.8 Third parties. No one who is not a Party to the Licence shall have any right to enforce any of its terms.
13.9 Governing law and Jurisdiction. The Licence, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales, and each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.
Authorised Users: the Licensee’s employees, agents and independent contractors who are authorised by the Licensee to use the Service including where appropriate, the Licensee’s managed service providers where the use of the Service is for the Licensee’s business purposes only.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Confidential Information: information that is proprietary or confidential and is clearly labelled as such or is inherently confidential in its nature.
Control: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Data Controller: has the meaning given in the Data Protection Legislation.
Data Processor: has the meaning given in the Data Protection Legislation.
Data Protection Legislation: means the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and EU Regulation 2016/679 (“GDPR”); and all subsequent UK legislation pertaining to the protection of living individual’s personal information and/or privacy in the transmission of electronic communications to individuals.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), 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.
Party or Parties: means the Licensee and/or Redstor.
Personal Data: has the meaning given to it under the Data Protection Legislation.
Reseller: means the third party who has sold the Service to the Licensee.
Territory: the geographical region of service agreed between Licensee and Reseller
Virus: any thing or device (including any Service, code, file, programme or hardware) which may: prevent, impair or otherwise adversely affect the operation of any computer Service, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the User experience, including worms, trojan horses, viruses and other similar things or devices.
SaaS Addendum to Redstor EULA
In this Addendum, SaaS refers to Redstor products extracting data from third party SaaS services including Microsoft 365 and Google Workspace. These terms are supplemental to the terms in the EULA and Data Protection Addendum.
The End User acknowledges that the provision of the SaaS service is dependent upon Redstor having access to secured services received by the End User from their service provider (Microsoft for Microsoft 365, Google for Google Workspace). The End User acknowledges and agrees that they shall authorise the service provider to share access tokens with Redstor to enable Redstor to provide the SaaS services.
Redstor’s use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
To the extent that the performance of the SaaS service entails Redstor processing Personal Data as defined in the General Data Protection Regulation (or other applicable UK or EU legislation relating to data protection), such processing shall be subject to the data processing schedule.