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

Objection Right for New Sub-processors. Customer may reasonably object to Red Guava’s use of a new Sub-processor (e.g., if making Customer Data available to the Sub-processor may violate applicable Data Protection Law or weaken the protections for such Customer Data) by notifying Red Guava promptly via email to xxx@xxxxxxxx.xxx.xx within ten (10) business days after receipt of Red Guava’s notice in accordance with the mechanism set out in Section 4.2. Such notice shall explain the reasonable grounds for the objection. In the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, Red Guava will use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Customer Data by the objected-to new Sub-processor without unreasonably burdening Customer. If Red Guava is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, either party may terminate without penalty the applicable Agreement with respect only to those Services which cannot be provided by Red Guava without the use of the objected-to new Sub-processor by providing written notice to Red Guava. Red Guava will refund Customer any prepaid fees covering the remainder of the term of such Agreement following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.

Objection Right for New Sub-processors. Customer may reasonably object to Red Guava’s use of a new Sub-processor (e.g., if making Customer Personal Data available to the Sub-processor may violate applicable Data Protection Law or weaken the protections for such Customer Personal Data) by notifying Red Guava promptly via email to xxx@xxxxxxxx.xxx.xx within ten (10) business days after receipt of Red Guava’s notice in accordance with the mechanism set out in Section 4.2. Such notice shall explain the reasonable grounds for the objection. In the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, Red Guava will use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Customer Personal Data by the objected-to new Sub-processor without unreasonably burdening Customer. If Red Guava is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, either party may terminate without penalty the applicable Agreement with respect only to those Services which cannot be provided by Red Guava without the use of the objected-to new Sub-processor by providing written notice to Red Guava. Red Guava will refund Customer any prepaid fees covering the remainder of the term of such Agreement following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.