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Agreement For Contract Data Processing

jeudi, septembre 9, 2021

Customer, as defined in HubSpot`s Customer Terms of Use (the « Data Exporter ») 7.1 After disabling the Services, all personal data is deleted, except that this requirement does not apply to the extent that DigitalOcean is required by applicable law to retain some or all of the personal data, or for personal data that it has archived on backup systems that isolate digitalOcean with such personal data securely and before protection of any further processing, unless this is necessary under current legislation. 3.4 Opposition against subcontractors. The customer may object in writing to the order of a new subcontractor by DigitalOcean for valid reasons related to data protection, by notifying digitalOcean in writing within five (5) calendar days of receipt of the notification from DigitalOcean in accordance with point 3.3. This Communication explains the reasons for the opposition. In this case, the parties were discussing these concerns in good faith in order to find an economically appropriate solution. If this is not possible, any party may terminate the corresponding services that cannot be provided by DigitalOcean without the use of the new subcontractor in question. 3. The provisions relating to data protection aspects in the further processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. Many subcontractors offer hosted or cloud services that are not located in the EU, but that clearly result in the processor being covered by the GDPR. Controllers or processors who are not established in the EU but are covered by the GDPR must appoint a representative in writing, subject to certain exceptions. This representative must be established in a Member State where the data subjects whose data are processed by the controller or processor (or in which most of them are located) are located. ☐, the subcontractor must take appropriate measures to ensure the safety of processing; 9.3 Under no circumstances may a party restrict its liability with respect to a person`s data protection rights under this DPA or otherwise. 4.2 Confidentiality of processing.

DigitalOcean ensures that any person authorised by DigitalOcean to process personal data (including its employees, representatives and subcontractors) is subject to appropriate professional secrecy (whether contractual or legal). This data processing agreement and the confidentiality agreement are governed by the laws of the SuperOffice unit by which the customer concludes a contract: where the processor outside the EU-AREA uses subcontractors for the processing of personal data, such processing must be carried out in accordance with the EU standard contractual clauses applicable to the transfer to third countries or any other legal basis expressly indicated for the transfer of personal data to a third country. . . .

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