Common use of Objection Right for New Sub Clause in Contracts

Objection Right for New Sub. processors. Customer may reasonably object to Data Processor’s use of a new Sub-processor, for reasons relating to the protection of Personal Data, 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 5.2.2 and such written objection shall include the reasons, relating to the protection of Personal Data, 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 Customer r eas o n ab l y objects to a new Sub-processor, as permitted in the preceding sentences, Data Processor will use 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 Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may, as a sole remedy, terminate the applicable Agreement an d this DP A 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 and/or suspend access to the Account. 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 3 contracts

Samples: Processing Agreement, Processing Agreement, Processing Agreement

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Objection Right for New Sub. processors. Customer may reasonably object to Data Processor’s 's use of a new Sub-processor, for reasons relating to the protection of Personal DataData 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 's notice in accordance with the mechanism set out in Section 5.2.2 and such by providing a written objection to xxxxx@XxxxxXxxxx.xxx. Such written objection shall include the reasons, relating to the protection of Personal Data, those reasons for objecting to Data Processor’s '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 's notice shall be deemed as acceptance of the new Sub-Processor. In the event Customer r eas o n ab l y reasonably objects to a new Sub-Sub- processor, as permitted in the preceding sentences, Data Processor will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s 's configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If Data Processor is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may, as a sole remedy, terminate the applicable Agreement an d and this DP A DPA with respect only to those Services which cannot be provided by Data Processor without the use of the objected-to new Sub-processor Sub- 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 Data and/or suspend access to the Account. 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

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