Common use of Audits and Certifications Clause in Contracts

Audits and Certifications. The parties agree that the audits described in Clause 8.9 of the GDPR SCCs shall be carried out in accordance with the following specifications: a) Upon Customer’s request, and subject to the confidentiality obligations set forth in the Agreement, Cohesity shall make available to Customer that is not a competitor of Cohesity (or Customer’s independent, third-party auditor that is not a competitor of Cohesity) information regarding Cohesity’s compliance with its obligations under the Agreement and this DPA. b) Customer may contact Cohesity in accordance with the “Notices” Section of the Agreement (or if there is no such section, by overnight courier to Cohesity’s address in this DPA, marked for the attention of Cohesity’s General Counsel) to request an on-site audit of the procedures relevant to the protection of Personal Data and strictly to the extent required by applicable law. c) To the extent permitted by law, Customer shall reimburse Cohesity for any reasonable costs expended for any such on-site audit at Cohesity’s then current professional services rates, which shall be made available to Customer upon request. Before the commencement of any such on-site audit, Customer and Cohesity shall mutually agree upon the scope, timing, and methodology of the audit in addition to the reimbursement rate for which Customer shall be responsible. d) All reimbursement rates shall be reasonable, taking into account the resources expended by Cohesity. Customer shall promptly notify Cohesity with information regarding any non-compliance discovered during the course of an audit, and all information in relation to any audit shall be treated as confidential.

Audits and Certifications. The parties agree that the audits described in Clause 8.9 of the GDPR SCCs shall be carried out in accordance with the following specifications: a) Upon Customer’s requestWhere requested by Xxxxxxxx, and subject to the confidentiality obligations set forth in the Agreement, Cohesity Braintree shall make available to Customer that is not a competitor of Cohesity Merchant (or CustomerMerchant’s independent, third-party auditor that is not a competitor of CohesityBraintree or any member of PayPal or the Paypal Group) information regarding CohesityBraintree’s compliance with its the obligations under set forth in this Addendum in the Agreement form of the third-party certifications and this DPA. baudits (if any) Customer set forth in the Privacy Policy set out on our website. Merchant may contact Cohesity Braintree in accordance with the “Notices” Section of the Agreement (or if there is no such section, by overnight courier to Cohesity’s address in this DPA, marked for the attention of Cohesity’s General Counsel) to request an on-site audit of the procedures relevant to the protection of Personal Data and strictly to the extent required by applicable law. c) To the extent permitted by law, Customer personal data. Merchant shall reimburse Cohesity Braintree for any reasonable costs time expended for any such on-site audit at CohesityBraintree’s then then-current professional services rates, which shall be made available to Customer Merchant upon request. Before the commencement of any such on-site audit, Customer Merchant and Cohesity Braintree shall mutually agree upon the scope, timing, and methodology duration of the audit in addition to the reimbursement rate for which Customer Merchant shall be responsible. d) . All reimbursement rates shall be reasonable, taking into account the resources expended by CohesityBraintree. Customer Merchant shall promptly notify Cohesity Braintree with information regarding any non-compliance discovered during the course of an audit, and all information in relation to any audit shall be treated as confidential.

Audits and Certifications. The parties agree that the audits described in Clause 8.9 of the GDPR SCCs shall be carried out in accordance with the following specifications: a) Upon Customer’s requestWhere requested by Merchant, and subject to the confidentiality obligations set forth in the Agreement, Cohesity Braintree shall make available to Customer that is not a competitor of Cohesity Merchant (or CustomerMerchant’s independent, third-party auditor that is not a competitor of CohesityBraintree or any member of PayPal or the Paypal Group) information regarding CohesityBraintree’s compliance with its the obligations under set forth in this Addendum in the Agreement form of the third-party certifications and this DPA. baudits (if any) Customer set forth in the Privacy Policy set out on our website. Merchant may contact Cohesity Braintree in accordance with the “Notices” Section of the Agreement (or if there is no such section, by overnight courier to Cohesity’s address in this DPA, marked for the attention of Cohesity’s General Counsel) to request an on-site audit of the procedures relevant to the protection of Personal Data and strictly to the extent required by applicable law. c) To the extent permitted by law, Customer personal data. Merchant shall reimburse Cohesity Braintree for any reasonable costs time expended for any such on-site audit at CohesityBraintree’s then then-current professional services rates, which shall be made available to Customer Merchant upon request. Before the commencement of any such on-site audit, Customer Merchant and Cohesity Braintree shall mutually agree upon the scope, timing, and methodology duration of the audit in addition to the reimbursement rate for which Customer Merchant shall be responsible. d) . All reimbursement rates shall be reasonable, taking into account the resources expended by CohesityBraintree. Customer Merchant shall promptly notify Cohesity Braintree with information regarding any non-compliance discovered during the course of an audit, and all information in relation to any audit shall be treated as confidential.

Audits and Certifications. The parties agree that the audits described in Clause 8.9 of the GDPR SCCs shall be carried out in accordance with the following specifications: a) Upon Customer’s requestWhere requested by Xxxxxxxx, and subject to the confidentiality obligations set forth in the Agreement, Cohesity Braintree shall make available to Customer that is not a competitor of Cohesity Merchant (or CustomerMerchant’s independent, third-party auditor that is not a competitor of CohesityBraintree or any members of PayPal or the PayPal Group) information regarding CohesityBraintree’s compliance with its the obligations under set forth in this Addendum in the Agreement form of the third-party certifications and this DPA. baudits (if any) Customer set forth in the Privacy Policy set out on our website. Merchant may contact Cohesity Braintree in accordance with the “Notices” Section of the Agreement (or if there is no such section, by overnight courier to Cohesity’s address in this DPA, marked for the attention of Cohesity’s General Counsel) to request an on-site audit of the procedures relevant to the protection of Personal Data and strictly to the extent required by applicable law. c) To the extent permitted by law, Customer personal data. Merchant shall reimburse Cohesity Braintree for any reasonable costs time expended for any such on-site audit at CohesityBraintree’s then then-current professional services rates, which shall be made available to Customer Merchant upon request. Before the commencement of any such on-site audit, Customer Merchant and Cohesity Braintree shall mutually agree upon the scope, timing, and methodology duration of the audit in addition to the reimbursement rate for which Customer Merchant shall be responsible. d) . All reimbursement rates shall be reasonable, taking into account the resources expended by CohesityBraintree. Customer Merchant shall promptly notify Cohesity Braintree with information regarding any non-compliance discovered during the course of an audit, and all information in relation to any audit shall be treated as confidential.