Common use of AMENDMENTS TO THIS DPA Clause in Contracts

AMENDMENTS TO THIS DPA. 13.1 Kigen is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen pursuant to Clause 13.1 by written notice to Kigen sent to xxxxxxx@Xxxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 (Xxxxxxxxxxx), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 3 contracts

Samples: Data Processing Agreement, Data Processing Agreement, Data Processing Agreement

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AMENDMENTS TO THIS DPA. 13.1 Kigen Arm is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site its website or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) ), unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen Arm pursuant to Clause 13.1 by written notice to Kigen Arm sent to xxxxxxx@Xxxxx.xxx xxxxxxx@xxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Arm of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 (Xxxxxxxxxxx), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen Arm (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

AMENDMENTS TO THIS DPA. 13.1 Kigen is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen pursuant to Clause 13.1 by written notice to Kigen sent to xxxxxxx@Xxxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For . (a) The purpose of these standard contractual clauses is to ensure compliance with the purposes requirements of Article 26(2Regulation (EU) of Directive 95/46/EC, respectively Articles 44 and 46 2016/679 of the GDPR European Parliament and Art. 6 of the Federal Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Act of 19 June 0000 Regulation) (Xxxxxxxxxxx), 1) for the transfer of personal data to processors established in a third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1country.

Appears in 2 contracts

Samples: Data Processing Agreement, Data Processing Agreement

AMENDMENTS TO THIS DPA. 13.1 Kigen Pelion is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site its website or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) ), unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen Pelion pursuant to Clause 13.1 by written notice to Kigen Pelion sent to xxxxxxx@Xxxxx.xxx xxxxx@xxxxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Pelion of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. In the event either Party terminates the Agreement pursuant to this Clause 13.2, Pelion will refund Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination without any further liability to Customer or to Pelion (as applicable) in respect of such termination. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 (Xxxxxxxxxxx), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen Pelion (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 2 contracts

Samples: Data Processing Agreement, Data Processing Agreement

AMENDMENTS TO THIS DPA. 13.1 Kigen Treasure Data is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site its website or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) ), unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen Treasure Data pursuant to Clause 13.1 by written notice to Kigen Treasure Data sent to xxxxxxx@Xxxxx.xxx xxxxxxx@xxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Treasure Data of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. In the event either Party terminates the Agreement pursuant to this Clause 13.2, Treasure Data will refund Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination without any further liability to Customer or to Treasure Data (as applicable) in respect of such termination. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 (Xxxxxxxxxxx), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 Schedule 2 is attached) (the data exporter) And Name of the data importing organisation: Kigen Treasure Data (as identified in the DPA to which this Exhibit 1 Schedule 2 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

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AMENDMENTS TO THIS DPA. 13.1 Kigen Pelion is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site its website or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) ), unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen Pelion pursuant to Clause 13.1 by written notice to Kigen Pelion sent to xxxxxxx@Xxxxx.xxx xxxxxxx@xxxxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Pelion of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 (Xxxxxxxxxxx), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen Pelion (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 1 contract

Samples: Data Processing Addendum

AMENDMENTS TO THIS DPA. 13.1 Kigen Treasure Data is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site its website or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) ), unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen Treasure Data pursuant to Clause 13.1 by written notice to Kigen Treasure Data sent to xxxxxxx@Xxxxx.xxx xxxxx@xxxxxxxx-xxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Treasure Data of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Notice to Treasure Data shall be sent to xxxxx@xxxxxxxx-xxxx.xxx. In the event either Party terminates the Agreement pursuant to this Clause 13.2, Treasure Data will refund Customer any prepaid fees covering the remainder of the term of such Order Form(s) following the effective date of termination without any further liability to Customer or to Treasure Data (as applicable) in respect of such termination. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For the purposes of Article 26(2) of Directive 95/46/EC, respectively Articles 44 and 46 of the GDPR and Art. 6 of the Federal Data Protection Act of 19 June 0000 1992 (XxxxxxxxxxxSwitzerland), for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 Schedule 2 is attached) (the data exporter) And Name of the data importing organisation: Kigen Treasure Data (as identified in the DPA to which this Exhibit 1 Schedule 2 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

Appears in 1 contract

Samples: Data Processing Addendum

AMENDMENTS TO THIS DPA. 13.1 Kigen is permitted to modify this DPA from time to time by posting a revised version on the Kigen Site or by otherwise notifying Customer according to the provisions on legal notices under the Service Agreement (each such notification, an “Amendment Notice”). Changes are effective 30 days following posting or as otherwise specified in the Amendment Notice (“Amendment Effective Date”) unless Customer objects to such amendments before the Amendment Effective Date pursuant to Clause 13.2 below. Where Customer does not object in accordance with Clause 13.2 below, Customer is deemed to have agreed on the notified amendments and this DPA is amended accordingly with effect from the Amendment Effective Date. 13.2 Save as provided under Clause 6.2, Customer may object to changes to this DPA notified by Kigen pursuant to Clause 13.1 by written notice to Kigen Xxxxx sent to xxxxxxx@Xxxxx.xxx (“Objection Notice”). The Objection Notice must detail the reasons for Customer’s objection. The Parties will negotiate in good faith the proposed amendment to this DPA during the period of 30 days following receipt by Kigen Xxxxx of the Objection Notice (“Negotiation Period”). The Parties may agree in writing to extend the Negotiation Period. Where the Parties do not agree on changes to this DPA before expiration of the Negotiation Period, either Party may terminate the Agreement by serving the other Party 10-day prior written notice within 30 days from the end of the Negotiation Period. Where the Agreement is not terminated pursuant to this Clause 13.2, Customer is deemed to have agreed on the amendments originally notified via the Amendment Notice and this DPA is amended accordingly with effect from 30 days after the end of the Negotiation Period. 13.3 Save as provided under Clause 13, any change to this DPA shall be in writing and signed by the authorized representatives of the Parties. For . (a) The purpose of these standard contractual clauses is to ensure compliance with the purposes requirements of Article 26(2Regulation (EU) of Directive 95/46/EC, respectively Articles 44 and 46 2016/679 of the GDPR European Parliament and Art. 6 of the Federal Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Act of 19 June 0000 Regulation) (Xxxxxxxxxxx), 1) for the transfer of personal data to processors established in a third countries which do not ensure an adequate level of data protection Name of the data exporting organisation: Customer (as identified in the DPA to which this Exhibit 1 is attached) (the data exporter) And Name of the data importing organisation: Kigen (as identified in the DPA to which this Exhibit 1 is attached) (the data importer) each a ‘party’; together ‘the parties’, HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1country.

Appears in 1 contract

Samples: Data Processing Agreement

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