GOVERNMENT REQUESTS. 1.6.1. Whimsical shall, unless prohibited by law or a legally binding order of an applicable government body or agency, promptly notify Customer of any request for the disclosure of European Personal Data by a governmental or regulatory body or law enforcement authority (including any Supervisory Authority) (“Disclosure Request”) and shall provide reasonable information and assistance to customer regarding the request. Whimsical shall not respond to such request unless required by applicable law (including to provide acknowledgement of receipt of the request). 1.6.2. Xxxxxxxxx xxxx review applicable law to evaluate and challenge the Disclosure Request if, after a careful assessment, it concludes that there are grounds under applicable law to do so. When challenging a Disclosure Request, Whimsical shall seek reasonable interim measures to suspend the effects of the Disclosure Request until an applicable court or other authority has decided on the merits. Whimsical shall not disclose data requested until required to do so under applicable law and shall only provide the minimum amount of data permissible when responding to the Disclosure Request, based on a reasonable interpretation of the request. 1.6.3. If the Disclosure Request is incompatible with the cross-border data transfer mechanism applicable in accordance with Section 7 of the Addendum, Xxxxxxxxx xxxx so notify the requesting authority and, if permitted by applicable law, notify the competent government authority with jurisdiction over the data subject to the Disclosure Request. 1.6.4. Xxxxxxxxx xxxx maintain a record of Disclosure Requests and its evaluation, response, and handling of the requests and upon written request will provide Customer with access to such records except as prohibited by applicable law or legal process or in the interest in protecting Whimsical’s legal rights in connection with threatened, pending, or current litigation.
Appears in 3 contracts
Samples: Data Processing Agreement, Data Processing Agreement, Data Processing Addendum
GOVERNMENT REQUESTS. 1.6.1. Whimsical shall, unless prohibited by law or a legally binding order of an applicable government body or agency, promptly notify Customer of any request for the disclosure of European Personal Data by a governmental or regulatory body or law enforcement authority (including any Supervisory Authority) (“Disclosure Request”) and shall provide reasonable information and assistance to customer regarding the request. Whimsical shall not respond to such request unless required by applicable law (including to provide acknowledgement of receipt of the request).
1.6.2. Xxxxxxxxx xxxx review applicable law to evaluate and challenge the Disclosure Request if, after a careful assessment, it concludes that there are grounds under applicable law to do so. When challenging a Disclosure Request, Whimsical shall seek reasonable interim measures to suspend the effects of the Disclosure Request until an applicable court or other authority has decided on the merits. Whimsical shall not disclose data requested until required to do so under applicable law and shall only provide the minimum amount of data permissible when responding to the Disclosure Request, based on a reasonable interpretation of the request.
1.6.3. If the Disclosure Request is incompatible with the cross-border data transfer mechanism applicable in accordance with Section 7 of the AddendumDPA, Xxxxxxxxx xxxx so notify the requesting authority and, if permitted by applicable law, notify the competent government authority with jurisdiction over the data subject to the Disclosure Request.
1.6.4. Xxxxxxxxx xxxx maintain a record of Disclosure Requests and its evaluation, response, and handling of the requests and upon written request will provide Customer with access to such records except as prohibited by applicable law or legal process or in the interest in protecting Whimsical’s legal rights in connection with threatened, pending, or current litigation.
Appears in 1 contract
Samples: Data Processing Addendum