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

Objection Right for New Sub-processors. Client may reasonably object to Firebolt’s use of a new Sub-processor for reasons related to the GDPR by notifying Firebolt promptly in writing within three (3) business days after receipt of Firebolt’s notice in accordance with the mechanism set out in Section 5.1.2 and such written objection shall include the reasons related to the GDPR for objecting to Firebolt’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following Firebolt’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, Firebolt 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 Firebolt 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 Firebolt without the use of the objected-to new Sub-processor by providing written notice to Firebolt provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to Firebolt. Until a decision is made regarding the new Sub-processor, Firebolt may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Firebolt 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: Data Processing Addendum, Data Processing Addendum

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

Objection Right for New Sub-processors. Client may reasonably object to FireboltMedigate’s use of a new Sub-processor for reasons related to the GDPR by notifying Firebolt Medigate promptly in writing within three (3) business days after receipt of FireboltMedigate’s notice in accordance with the mechanism set out in Section 5.1.2 5.1.1 and such written objection shall include the reasons related to the GDPR for objecting to FireboltMedigate’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following FireboltMedigate’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, Firebolt Medigate 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 Firebolt Medigate 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 Firebolt Medigate without the use of the objected-to new Sub-processor by providing written notice to Firebolt Medigate provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to FireboltMedigate. Until a decision is made regarding the new Sub-processor, Firebolt Medigate may temporarily suspend the Processing of the affected Personal Data. Client will have no further claims against Firebolt Medigate 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 FireboltData Processor’s use of a new Sub-processor for reasons related to the GDPR by notifying Firebolt Data Processor promptly in writing within three (3) business days after receipt of FireboltData Processor’s notice in accordance with the mechanism set out in Section 5.1.2 5.2 and such written objection shall include the reasons related to the GDPR for objecting to FireboltData Processor’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following FireboltData Processor’s notice shall be deemed as acceptance of the new Sub-Processor. In the event Client reasonably Customer reas xxx xxx objects to a new Sub-processor, as permitted in the preceding sentences, Firebolt 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 Firebolt 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 DP A with respect only to those Services which cannot be provided by Firebolt Data Processor without the use of the objected-to new Sub-processor by providing written notice to Firebolt 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 FireboltData Processor. Until a decision is made regarding the new Sub-processor, Firebolt Data Processor may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Firebolt 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

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Objection Right for New Sub-processors. Client Customer may reasonably object to FireboltPlayermaker’s use of a new Sub-processor for reasons related to the GDPR by notifying Firebolt Playermaker promptly in writing within three (3) business days after receipt of FireboltPlayermaker’s notice in accordance with the mechanism set out in Section 5.1.2 5.2 and such written objection shall include the reasons related to the GDPR for objecting to FireboltPlayermaker’s use of such new Sub-processor. Failure to object to such new Sub-processor in writing within three (3) business days following FireboltPlayermaker’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, Firebolt Playermaker 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 Firebolt Playermaker 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 Firebolt Playermaker without the use of the objected-to new Sub-processor by providing written notice to Firebolt Playermaker provided that all amounts due under the Agreement before the termination date with respect to the Processing at issue shall be duly paid to FireboltPlayermaker. Until a decision is made regarding the new Sub-processor, Firebolt Playermaker may temporarily suspend the Processing of the affected Personal Data. Client Customer will have no further claims against Firebolt Playermaker 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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