Common use of Objection Right for New Sub-processors Clause in Contracts

Objection Right for New Sub-processors. Client may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Objection Right for New Sub-processors. Client may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-Sub- processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor processor, for reasons related relating to the GDPR protection of Personal Data intended to be Processed by such Sub- processor, by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such 5.2.2. Such written objection shall include the those reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA a n d th i s D P A with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor processor, by providing written notice to Data Processor provided that all Processor. All amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal DataData and/or suspend access to the Account. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably reas o n a b l y objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA thi s D P A with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data ProcessorOrca’s use of a new Sub-Sub- processor for reasons related to the GDPR by notifying Data Processor Orca promptly in writing within three (3) business days after receipt of Data ProcessorOrca’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data ProcessorOrca’s use of such new Sub-Sub- processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data ProcessorOrca’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably re a s o n a b ly objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor Orca will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor Orca is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA th i s D P A with respect only to those Services which cannot be provided by Data Processor Orca without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor Orca provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorOrca. Until a decision is made regarding the new Sub-processor, Data Processor Orca may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor Orca due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Saas License Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data Processor’s StoreMaven's use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s StoreMaven's notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s StoreMaven's use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s StoreMaven's notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor StoreMaven will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s 's use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor StoreMaven is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor StoreMaven without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor StoreMaven provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorStoreMaven. Until a decision is made regarding the new Sub-processor, Data Processor StoreMaven may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data ProcessorActiveFence’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor ActiveFence promptly in writing within three (3) business days after receipt of Data ProcessorActiveFence’s notice in accordance with the mechanism set out in this Section 5.2 6, and such written objection shall include the reasons related to the GDPR for objecting to Data ProcessorActiveFence’s use of such new Sub-processor. Failure to object to such a new Sub-processor in writing within three (3) business days following Data ProcessorActiveFence’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor ActiveFence will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor ActiveFence is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor ActiveFence without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor ActiveFence provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorActiveFence. Until a decision is made regarding the new Sub-Sub- processor, Data Processor ActiveFence may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor ActiveFence due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR fo r re a s o n s re l a t e d t o t h e G D P R by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Sub- Processor. In the event Client reasonably Customer rea so n a b ly objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA th i s D P A with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-Sub- processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client User may reasonably object to Data Processor’s use of a new Sub-Sub- processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client User reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client User a change in the Services Platform or recommend a commercially reasonable change to ClientUser’s use of the Services Platform to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientUser. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client User may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services Platform which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client User will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: End User License Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data ProcessorApplitools’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor Applitools promptly in writing within three (3) business days after receipt of Data ProcessorApplitools’s notice in accordance with the mechanism set out in Section 5.2 5.1.2 and such written objection shall include the reasons related to the GDPR for objecting to Data ProcessorApplitools’s use of such new Sub-Sub- processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data ProcessorApplitools’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor Applitools will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Client. If Data Processor Applitools is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor Applitools without the use of the objected- objected-to new Sub-Sub- processor by providing written notice to Data Processor Applitools provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorApplitools. Until a decision is made regarding the new Sub-processor, Data Processor Applitools may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor Applitools due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

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Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor processor, for reasons related relating to the GDPR protection of Personal Data intended to be Processed by such Sub- processor, by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such 5.2.2. Such written objection shall include the those reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor processor, by providing written notice to Data Processor provided that all Processor. All amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal DataData and/or suspend access to the Account. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor processor, for reasons related relating to the GDPR protection of Personal Data intended to be Processed by such Sub-processor, by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such 5.2.2. Such written objection shall include the those reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Sub- Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor processor, by providing written notice to Data Processor provided that all Processor. All amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal DataData and/or suspend access to the Account. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data ProcessorApplitools’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor Applitools promptly in writing within three (3) business days after receipt of Data ProcessorApplitools’s notice in accordance with the mechanism set out in Section 5.2 5.1.2 and such written objection shall include the reasons related to the GDPR for objecting to Data ProcessorApplitools’s use of such new Sub-processorSubprocessor. Failure to object to such new Sub-Sub- processor in writing within three (3) business days following Data ProcessorApplitools’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably objects to a new Sub-Sub- processor, as permitted in the preceding sentences, Data Processor Applitools will use reasonable efforts to make available to Client a change in the Services or recommend a commercially reasonable change to Client’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-Sub- processor without unreasonably burdening the Client. If Data Processor Applitools is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor Applitools without the use of the objected- objected-to new Sub-processor Subprocessor by providing written notice to Data Processor Applitools provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorApplitools. Until a decision is made regarding the new Sub-processor, Data Processor Applitools may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor Applitools due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 5 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client Customer may reasonably object to Data Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor promptly in writing within three (3) business days after receipt of Data Processor’s notice in accordance with the mechanism set out in Section 5.2 and such written objection shall include the reasons related to the GDPR for objecting to Data Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data Processor’s notice shall be deemed as acceptance of the new Sub-Sub- Processor. In the event Client Customer reasonably objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Client Customer a change in the Services or recommend a commercially reasonable change to ClientCustomer’s use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the ClientCustomer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Client Customer may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected- objected-to new Sub-processor by providing written notice to Data Processor provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data Processor. Until a decision is made regarding the new Sub-processor, Data Processor may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Data Processor due to the termination of the Agreement (including, without limitation, requesting refunds) and/or and/ or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

Objection Right for New Sub-processors. Client may reasonably object to Data ProcessorAuthomize’s use of a new Sub-processor for reasons related to the GDPR by notifying Data Processor Authomize promptly in writing within three (3) business days after receipt of Data ProcessorAuth omize’s notice in accordance with the mechanism set out in Section 5.2 5.1.2 and such written objection shall include the reasons related to the GDPR for objecting to Data ProcessorAuthomize’s use of such new Sub-Sub- processor. Failure to object to such new Sub-processor in writing within three (3) business days following Data ProcessorAuthomize’s notice shall be deemed as acceptance of the new Sub-Sub- Processor. In the event Client reasonably objects to a new Sub-Sub- processor, as permitted in the preceding sentences, Data Processor Authomize will use reasonable efforts to make available avail able to Client a change in the Services or recommend a commercially reasonable change to Client’s use us e of the Services to avoid Processing of Personal Data by the objected-to new Sub-Sub- processor without unreasonably burdening the Client. If Data Processor Authomize is unable to make available such change c hange within a reasonable period of time, which shall not exceed thirty (30) days, Client may, as a sole remedy, terminate the applicable Agreement and this DPA with respect only to those Services which cannot be provided by Data Processor Authomize without the use of the objected- th e objected-to new Sub-processor by providing written notice to Data Processor Authomize provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Data ProcessorAuthomize . Until a decision is made regarding the new Sub-processor, Data Processor Authomize may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Data Processor Authomize due to the termination of the Agreement (including, without limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.

Appears in 1 contract

Samples: Data Processing Agreement

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