Richard

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Test clause with numbering 2

  1. Something else
    1. Your general responsibilities: In addition to your other obligations, you will:
      1. respond promptly, accurately and adequately to reasonable requests for information made by MSD in relation to the Services;
      2. comply with MSD policies notified to you in writing that have a bearing on provision of the Services, to the extent those policies are capable of applying to you, provided that compliance is subject to agreement between the parties if:
        1. you are notified of a policy after entering into a SOW; and
        2. compliance materially increases your costs or obligations under the SOW; and
        3. you inform us of this within 3 Business Days of receiving the policy;
      3. inform MSD promptly in writing if you become aware of a breach of any such policy by you or your Personnel;
      4. comply with all applicable law relevant to provision of the Services (including the Privacy Act 2020 when applicable);
      5. not do anything that would cause us to breach the Privacy Act;
      6. use your best endeavours to avoid damaging or adversely affecting MSD’s reputation, systems or infrastructure;
      7. not, except where you have our written agreement (in a SOW or otherwise), purchase or license any Software, Equipment or other items from a third party in our name without first providing all applicable agreement or licensing terms to us and obtaining our consent; and
      8. not engage in any activity that would give rise to a Conflict of Interest and notify MSD promptly in writing if you become aware of any Conflict of Interest.
  2. General responsibilities
    1. Your general responsibilities: In addition to your other obligations, you will:
      1. respond promptly, accurately and adequately to reasonable requests for information made by MSD in relation to the Services;
      2. comply with MSD policies notified to you in writing that have a bearing on provision of the Services, to the extent those policies are capable of applying to you, provided that compliance is subject to agreement between the parties if:
        1. you are notified of a policy after entering into a SOW; and
        2. compliance materially increases your costs or obligations under the SOW; and
        3. you inform us of this within 3 Business Days of receiving the policy;
      3. inform MSD promptly in writing if you become aware of a breach of any such policy by you or your Personnel;
      4. comply with all applicable law relevant to provision of the Services (including the Privacy Act 2020 when applicable);
      5. not do anything that would cause us to breach the Privacy Act;
      6. use your best endeavours to avoid damaging or adversely affecting MSD’s reputation, systems or infrastructure;
      7. not, except where you have our written agreement (in a SOW or otherwise), purchase or license any Software, Equipment or other items from a third party in our name without first providing all applicable agreement or licensing terms to us and obtaining our consent; and
      8. not engage in any activity that would give rise to a Conflict of Interest and notify MSD promptly in writing if you become aware of any Conflict of Interest.

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Test clause with numbering

  1. General responsibilities
    1. Your general responsibilities: In addition to your other obligations, you will:
      1. respond promptly, accurately and adequately to reasonable requests for information made by MSD in relation to the Services;
      2. comply with MSD policies notified to you in writing that have a bearing on provision of the Services, to the extent those policies are capable of applying to you, provided that compliance is subject to agreement between the parties if:
        1. you are notified of a policy after entering into a SOW; and
        2. compliance materially increases your costs or obligations under the SOW; and
        3. you inform us of this within 3 Business Days of receiving the policy;
      3. inform MSD promptly in writing if you become aware of a breach of any such policy by you or your Personnel;
      4. comply with all applicable law relevant to provision of the Services (including the Privacy Act 2020 when applicable);
      5. not do anything that would cause us to breach the Privacy Act;
      6. use your best endeavours to avoid damaging or adversely affecting MSD’s reputation, systems or infrastructure;
      7. not, except where you have our written agreement (in a SOW or otherwise), purchase or license any Software, Equipment or other items from a third party in our name without first providing all applicable agreement or licensing terms to us and obtaining our consent; and
      8. not engage in any activity that would give rise to a Conflict of Interest and notify MSD promptly in writing if you become aware of any Conflict of Interest.
  2. General responsibilities
    1. Your general responsibilities: In addition to your other obligations, you will:
      1. respond promptly, accurately and adequately to reasonable requests for information made by MSD in relation to the Services;
      2. comply with MSD policies notified to you in writing that have a bearing on provision of the Services, to the extent those policies are capable of applying to you, provided that compliance is subject to agreement between the parties if:
        1. you are notified of a policy after entering into a SOW; and
        2. compliance materially increases your costs or obligations under the SOW; and
        3. you inform us of this within 3 Business Days of receiving the policy;
      3. inform MSD promptly in writing if you become aware of a breach of any such policy by you or your Personnel;
      4. comply with all applicable law relevant to provision of the Services (including the Privacy Act 2020 when applicable);
      5. not do anything that would cause us to breach the Privacy Act;
      6. use your best endeavours to avoid damaging or adversely affecting MSD’s reputation, systems or infrastructure;
      7. not, except where you have our written agreement (in a SOW or otherwise), purchase or license any Software, Equipment or other items from a third party in our name without first providing all applicable agreement or licensing terms to us and obtaining our consent; and
      8. not engage in any activity that would give rise to a Conflict of Interest and notify MSD promptly in writing if you become aware of any Conflict of Interest.

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General responsibilities

7. General responsibilities

7.1 Your general responsibilities

In addition to your other obligations, you will:

(a) respond promptly, accurately and adequately to reasonable requests for information made by MSD in relation to the Services;

(b) comply with MSD policies notified to you in writing that have a bearing on provision of the Services, to the extent those policies are capable of applying to you, provided that if:

(i) you are notified of a policy after entering into a SOW; and

(ii) compliance materially increases your costs or obligations under the SOW; and

(iii) you inform us of this within 3 Business Days of receiving the policy,

compliance is subject to agreement between the parties;

(c) inform MSD promptly in writing if you become aware of a breach of any such policy by you or your Personnel;

(d) comply with all applicable law relevant to provision of the Services (including the Privacy Act 2020 when applicable);

(e) not do anything that would cause us to breach the Privacy Act;

(f) use your best endeavours to avoid damaging or adversely affecting MSD’s reputation, systems or infrastructure;

(g) not, except where you have our written agreement (in a SOW or otherwise), purchase or license any Software, Equipment or other items from a third party in our name without first providing all applicable agreement or licensing terms to us and obtaining our consent; and

(h) not engage in any activity that would give rise to a Conflict of Interest and notify MSD promptly in writing if you become aware of any Conflict of Interest.

7.2 Our general responsibilities

We will:

(a) provide to you, in a timely manner, all information, resources, approvals and authorisations, as you may reasonably request, to enable you to provide the Services;

(b) give you reasonable access to:

(i) MSD’s Personnel, to liaise with your Personnel in relation to MSD’s ongoing technical and operational requirements in relation to the Services; and

(ii) MSD’s premises and systems, to the extent reasonably necessary to enable you to provide the Services, subject to any applicable MSD policies and security requirements;

(c) co-operate with you in relation to your performance of the Services; and

(d) use the Services for lawful purposes only.

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Privacy Act guidance for landlords and property managers – very helpful but a bit too prescriptive?

Introduction

In recent years there have been some well-publicised Privacy Act breaches in the landlord-tenant space, most notably in relation to over-collection of personal information (including prospective tenants’ bank statements), and so-called ‘bad tenant’ websites (which I discussed in detail in a blog post called Why ‘bad tenant’ websites can be problematic). These breaches became a catalyst to the Office of the Privacy Commissioner (OPC) investigating what was going on, having discussions with the industry, and preparing a suite of guidance for landlords and tenants. [Read more…] about Privacy Act guidance for landlords and property managers – very helpful but a bit too prescriptive?

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Privacy Week 2021 – StopLookGo Privacy’s top 40 common privacy potholes

Introduction

Given that it’s Privacy Week 2021, I thought I’d jot down my thoughts on 40 common privacy potholes. I’ve described them as potholes because it’s not uncommon for agencies to think they’re doing the right thing or to be going about their business as usual, only to find themselves stumbling due to a pothole they didn’t see or were not aware of. It’s rare for agencies to deliberately do things that breach people’s privacy, but it’s not that uncommon for agencies to fall foul of the Privacy Act unwittingly. Sometimes that’s because they haven’t taken enough care, but other times it’s because they were not aware of a particular legal requirement, or had simply misunderstood what the law requires, or had relied on someone else who has made a mistake. [Read more…] about Privacy Week 2021 – StopLookGo Privacy’s top 40 common privacy potholes