Applicable Privacy Law Clause Samples
The "Applicable Privacy Law" clause defines which privacy and data protection laws govern the handling of personal information under the agreement. It typically specifies that all parties must comply with relevant local, national, or international privacy regulations, such as the GDPR in Europe or CCPA in California, depending on where the data is processed or the parties are located. This clause ensures that both parties are aware of and adhere to the legal standards required for data privacy, thereby reducing the risk of non-compliance and potential legal penalties.
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Applicable Privacy Law. In the event either Party collects, uses, or discloses Personal Information or Personal Health Information under the Agreement, each Party shall, and shall cause its Personnel to, comply with all applicable protection of personal information and personal health information laws and regulations as currently in force at the time of such collection, use, or disclosure in the jurisdictions where the applicable Party is located, and where the applicable individuals whose personal information or personal information have been collected, used, and disclosed hereunder are resident. Without limiting the generality of the foregoing, the following privacy laws shall apply:
14.2.1 In the case the Customer is located in the Province of Ontario, the Freedom of Information and Protection of Privacy Act (Ontario), Personal Health Information Act (Ontario), and the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada).
14.2.2 In the case the Customer is located in the Province of Quebec, the Act Respecting Privacy in the Private Sector.
14.2.3 In the case the Customer is located in the Province of Alberta, the Personal Information Protection Act.
14.2.4 In the case the Customer is located in the Province of British Columbia, the Personal Information Protection Act.
14.2.5 In the case the Customer is located in any other Province or Territory of Canada, such protection of personal information and personal health information as in force in the applicable Province or Territory.
14.2.6 In the case the Customer or applicable individual(s) are located in the European Union or European Economic Area, the General Data Protection Regulation (EU) 2016/679, and the disclosing Party will be considered the “Controller” and the recipient Party will be considered the “Processor” for the purposes of compliance with the GDPR. (Individually and collectively, the foregoing laws as applicable to the respective Party are referred to herein as “Applicable Privacy Law”) Responsible: Team Lead, Client Relations and Operational Support Authorized by: Director, Proficiency Testing Version Date: 2021-08-12
Applicable Privacy Law. Subscriber is familiar with and agrees to be responsible for compliance with the Children's Online Privacy Protection Act of 1998 ("COPPA"), the Family Educational Rights and Privacy Act and the US Department of Education's implementing regulations at 34 CFR Part 99 (collectively, "FERPA"); and all other applicable country and state laws, rules or regulations concerning the collection, use, and disclosure of Personally Identifiable Information about End Users accessing the Services that are the subject of this Agreement (collectively, "Applicable Privacy Law"). “Personally Identifiable Information”, or “PII”, shall mean any information relating to an identified or identifiable natural person (a “data subject”) including personal data as defined under applicable local law. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. McGraw Hill acknowledges that in the course of Subscriber's use of the Services, End Users’ Personally Identifiable Information may be disclosed to McGraw Hill. McGraw Hill agrees that it will comply with the requirements of Applicable Privacy Law concerning the confidentiality and release of Personally Identifiable Information. McGraw Hill acknowledges that it will be considered a "School Official" (as that term is used in FERPA) and agrees that it will comply with the requirements in FERPA concerning the confidentiality and release of Personally Identifiable Information. Per such requirements, McGraw Hill agrees that under Applicable Privacy Law, officers, employees, and agents of McGraw Hill who access Personally Identifiable Information may use such data only for the purposes for which such data has been made available to McGraw Hill. McGraw Hill and its contractors, suppliers and licensors shall only use Personally Identifiable Information for the purpose of facilitating the performance, delivery or use of the Services. McGraw Hill shall enable Subscriber to maintain compliance with Applicable Privacy Law in connection with Subscriber’s use of the Solution. For further information about McGraw Hill's data privacy and security practices, please read our Privacy Notice.