Common use of Sub-processing Clause in Contracts

Sub-processing. 5.1. Customer authorizes AppsFlyer and each AppsFlyer Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement. 5.2. The Sub Processors used by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Sub Processors Website”). 5.3. AppsFlyer may appoint new Sub Processors at any time and shall update the Sub Processors Website upon such appointments. If Customer wishes to receive notice of any new Sub Processors, it may request to receive such notice by subscribing at the Sub Processors Website. If, within ten (10) days of such notice, Customer notifies AppsFlyer in writing of any reasonable objections to the proposed appointment, AppsFlyer shall not utilize such Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by Customer, and Customer has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Customer’s reasonable objections then Customer or AppsFlyer may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, without bearing liability for such termination. 5.4. With respect to each Sub Processor, AppsFlyer shall: (a) take reasonable steps to ensure that the Sub Processor is committed to provide the level of protection for Personal Data required by the Agreement; (b) ensure that the arrangement between AppsFlyer and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, offer a level of protection that, in all material respects, are consistent with the levels set out in this DPA and the Agreement; and (c) remain fully liable to the Customer for the performance of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligations.

Appears in 2 contracts

Samples: Data Processing Addendum, Data Processing Addendum

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Sub-processing. 5.18.1. Customer Controller authorizes AppsFlyer and each AppsFlyer Affiliate Processor to appoint (and permit permits each Sub Processor appointed in accordance with this Section 5 8 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement8. 5.28.2. The Processor may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Sub Processors Website”)Processor. An updated list of Processor's current sub-processors can be found online at xxxxx://xxx.xxxxxxx.xxx/moburst-sub-processors/. Updates to this list shall constitute notice to the Controller in accordance with Section 8.3 below. More information on Processor's use of sub-processors can be requested by email at xxxx@xxxxxxx.xxx. 5.38.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update the Sub Processors Website upon such appointments. If Customer wishes to receive give notice of any new Sub Processorssuch appointment to Controller, it may request to receive such notice by subscribing updating the list available at the Sub Processors Websitelink above. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any reasonable objections to the proposed appointment, AppsFlyer Processor shall not utilize such appoint the proposed Sub Processor to Process Customer for the Processing of Controller Personal Data until reasonable steps have been taken to address the objections raised by Customer, Controller and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Customer’s Controller's reasonable objections then Customer objections, each of Controller or AppsFlyer Processor may, by written notice to the other Party, party and with immediate effect, terminate the Agreement to the extent that it relates to the Services which require requiring the use of the proposed Sub Processor. In such event, without bearing the terminating party shall not bear any liability for such termination. 5.48.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 8.4.1. Prior to the Processing of Controller Personal Data by Sub Processor, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed and able to provide the level of protection for Controller Personal Data required by the Agreementthis DPA; (b) and 8.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, that offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and meet the Agreement; and (c) requirements of Applicable Law. 8.5. Processor shall remain fully liable to the Customer Controller for the performance of the any Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such 's obligations.

Appears in 2 contracts

Samples: Data Processing Agreement, Data Processing Agreement

Sub-processing. 5.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement. 5.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA, including for the purpose of cloud hosting services by reputable Sub Processors, to the extent necessary to perform Processor's obligations under the Agreement, as well as any Sub Processors Website”)whom Controller requested Processor to use. 5.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance by e-mail), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Controller Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections then Customer Controller or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 5.4.1. before the Sub Processor first Processes Controller Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Controller Personal Data required by the Agreement; (b) and 5.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 2 contracts

Samples: Data Processing Agreement, Data Processing Agreement

Sub-processing. 5.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Partner Agreement. 5.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA, including for the purpose of cloud hosting services by reputable Sub Processors, as well as any Sub Processors Website”)whom Controller requested Processor to use. 5.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance by e-mail), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Controller Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections then Customer Controller or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Partner Agreement to the extent that it relates to the Services Processor services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 5.4.1. remain liable to the Controller for the Sub Processors’ acts and omissions with regard to data protection where such Sub Processors act on the Processor’s instructions; 5.4.2. before the Sub Processor first Processes Controller Personal Data, take reasonable steps (for instance by way of reviewing privacy policies, as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Controller Personal Data required by the Partner Agreement; (b) and 5.4.3. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of data protection that, in all material respects, are consistent with the levels and information security for Controller Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws, including in connection with Restricted Transfers.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.16.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Affiliate Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement. 5.26.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA, including for the purpose of cloud hosting services by reputable Sub Processors, to the extent necessary to perform Processor's obligations under the Agreement, as well as any Sub Processors Website”)whom Controller requested Processor to use. 5.36.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance by e-mail), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer notifies AppsFlyer Controller notifies Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Controller Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient sufficient to relieve CustomerController’s reasonable objections then Customer Controller or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.46.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 6.4.1. before the Sub Processor first Processes Controller Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Controller Personal Data required by the Agreement; (b) and 6.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.18.1. Customer Controller authorizes AppsFlyer and each AppsFlyer Affiliate Processor to appoint (and permit permits each Sub Processor appointed in accordance with this Section 5 8 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement8. 5.28.2. The Processor may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Sub Processors Website”)Processor. An updated list of Processor's current sub-processors can be found online at xxxxx://xxx.xxxxxxx.xxx/moburst-sub-processors/. Updates to this list shall constitute notice to the Controller in accordance with Section 8.3 below. More information on Processor's use of sub-processors can be requested by email at xxxx@xxxxxxx.xxx. 5.38.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update the Sub Processors Website upon such appointments. If Customer wishes to receive give notice of any new Sub Processors, it may request such appointment to receive such notice by subscribing at the Sub Processors WebsiteController. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any reasonable objections to the proposed appointment, AppsFlyer Processor shall not utilize such appoint the proposed Sub Processor to Process Customer for the Processing of Controller Personal Data until reasonable steps have been taken to address the objections raised by Customer, Controller and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Customer’s Controller's reasonable objections then Customer objections, each of Controller or AppsFlyer Processor may, by written notice to the other Party, party and with immediate effect, terminate the Agreement to the extent that it relates to the Services which require requiring the use of the proposed Sub Processor. In such event, without bearing the terminating party shall not bear any liability for such termination. 5.48.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 8.4.1. Prior to the Processing of Controller Personal Data by Sub Processor, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed and able to provide the level of protection for Controller Personal Data required by the Agreementthis DPA; (b) and 8.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, that offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and meet the Agreement; and (c) requirements of Applicable Law. 8.5. Processor shall remain fully liable to the Customer Controller for the performance of the any Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such 's obligations.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.16.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 7 to appoint) Sub Processors in connection with the processing of Personal Data in accordance with this Section 5 7 and any restrictions in the Agreement. 5.26.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA, including for the purpose of cloud hosting services by reputable Sub Processors, as well as any Sub Processors Website”). 5.3whom Controller requested Processor to use. AppsFlyer may appoint new A current list of Sub Processors at any time and shall update the Sub Processors Website upon such appointmentsis either attached hereto as Annex 2 (List of approved Sub-Processors)or otherwise may be found online at: 6.3. If Customer wishes to receive notice Controller may make a written request that Processor notify Controller of any new Sub Processors. If Controller makes such request, it may request Processor shall give prior notice of the appointment of any new Sub Processor (for instance by e-mail), including relevant details of the Processing to receive such notice be undertaken by subscribing at the new Sub Processors WebsiteProcessor, to enable the Processor to reasonably evaluate the proposed appointment. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections objections, then Customer Controller or AppsFlyer Processor, may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.46.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) take reasonable steps to : 6.4.1. before the Sub Processor first Processes Personal Data, ensure that the Sub Processor is committed to provide the level of protection for Personal Data required by the Agreement; (b) and 6.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Personal Data as those set out in this DPA DPA, and that meet the Agreement; and (c) requirements of applicable laws. 6.5. Processor shall remain fully liable to the Customer responsible for the performance actions and omissions of the Sub its Sub-Processors in breach of this DPA, as if performed by Processor’s data protection obligations where the Sub Processor fails to fulfill such obligations.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement. 5.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA. It is acknowledged and agreed that as of the date of this DPA Processor uses Hetzner Web Services and DigialOcean Cloud Services as Sub Processors Website”)for the purpose of cloud hosting services, which use is subject to the respective Hetzner and DigialOcean applicable guidelines. 5.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance as part of a Privacy Policy amendment), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Controller Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections then Customer Controller or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 5.4.1. before the Sub Processor first Processes Controller Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Controller Personal Data required by the Agreement; (b) and 5.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 1 contract

Samples: Data Processing Agreement

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Sub-processing. 5.16.1. Customer Controller authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the Agreement. 5.26.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA, including for the purpose of cloud hosting services by reputable Sub Processors, to the extent necessary to perform Processor's obligations under the Agreement, as well as any Sub Processors Website”)whom Controller requested Processor to use. 5.36.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance by e-mail), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such appoint for the processing of Controller Personal Data the proposed Sub Processor to Process Customer Personal Data until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections then Customer Controller or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.46.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 6.4.1. before the Sub Processor first Processes Controller Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Controller Personal Data required by the Agreement; (b) and 6.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Controller Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.1. Customer The Data Controller authorizes AppsFlyer and each AppsFlyer Affiliate the Data Processor to appoint (and permit each Sub Processor appointed Sub-processors in accordance with this Section 5 to appoint) Sub Processors in accordance with this Section 5 and any restrictions in the AgreementParagraph 5. 5.2. The Sub Processors used Data Processor may continue to use those Sub-processors already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Sub Processors Website”)the Data Processor as of the Addendum Effective Date, subject to the Data Processor in each case as soon as reasonably practicable meeting the obligations set out in Paragraph 5.4. 5.3. AppsFlyer may appoint new Sub Processors at any time and The Data Processor shall update give the Sub Processors Website upon such appointments. If Customer wishes to receive Data Controller prior written notice of the appointment of any new Sub ProcessorsSub-processor, it may request including reasonable details of the Processing to receive such notice be undertaken by subscribing at the Sub Processors WebsiteSub-processor. If, within ten (10) days Business Days of such receipt of that notice, Customer the Data Controller notifies AppsFlyer the Data Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer : a. The Data Processor shall not utilize such Sub Processor use reasonable efforts to Process Customer Personal Data until make available a commercially reasonable steps have been taken to address change in the objections raised by Customer, and Customer has been provided with a reasonable written explanation provision of the steps takenServices which avoids the use of that proposed Sub-processor; and b. where: i. such a change cannot be made within sixty (60) days from the Data Processor’s receipt of the Data Controller’s notice; ii. Where such steps are not sufficient no commercially reasonable change is available; and/or iii. the Data Controller declines to relieve Customer’s reasonable objections then Customer or AppsFlyer maybear the cost of the proposed change, notwithstanding anything in the Agreement, the Data Processor and/or the Data Controller may by written notice to the other Party, Party with immediate effect, effect terminate the Agreement either in whole or to the extent that it relates to the Services which require the use of the proposed Sub Processor, without bearing liability for such terminationSub- processor. 5.4. With respect to each Sub ProcessorSub-processor, AppsFlyer the Data Processor shall: : a. before the Sub-processor first Processes the Data Controller’s Personal Data (a) take reasonable steps or, as soon as reasonably practicable, in accordance with Paragraph 5.2), carry out adequate due diligence to ensure that the Sub Processor Sub-processor is committed to provide capable of providing the level of protection for the Data Controller’s Personal Data required by the Agreementthis DPA; (b) and b. ensure that the arrangement between AppsFlyer the Data Processor and the Sub Processor Sub-processor is governed by a written contract, contract including terms which, to the extent applicable to the nature of services provided by the Sub Processor, : i. offer a at least an equivalent level of protection that, in all material respects, are consistent with for the levels Data Controller’s Personal Data as those set out in this DPA and (including, in particular, those set out in Engage BDR, LLC DATA PROTECTION ADDENDUM Page 4 of 26 Paragraph 4 above); and ii. meet the Agreement; and (crequirements of Data Protection Laws, including, but not limited to, Article 28(3) remain fully liable to the Customer for the performance of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsGDPR.

Appears in 1 contract

Samples: Data Protection Addendum

Sub-processing. 5.16.1. Customer authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 6 to appoint) Sub Processors in accordance with this Section 5 6 and any restrictions in the Agreement. 5.26.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA. It is acknowledged and agreed that as of the date of this DPA Processor uses Amazon Web Services as Sub Processors Website”)for the purpose of cloud hosting services and content delivery network, which use is subject to the respective Amazon applicable guidelines. 5.36.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance as part of a Privacy Policy amendment), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such Sub Processor to Process appoint for the processing of Customer Personal Data the proposed Sub Processor until reasonable steps have been taken to address the objections raised by Customer, and Customer has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Customer’s reasonable objections then Customer or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 6.4.1. before the Sub Processor first Processes Customer Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Customer Personal Data required by the Agreement; (b) and 6.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Customer Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.16.1. Customer authorizes AppsFlyer Processor and each AppsFlyer Processor Affiliate to appoint (and permit each Sub Processor appointed in accordance with this Section 5 6 to appoint) Sub Processors in accordance with this Section 5 6 and any restrictions in the Agreement. 5.26.2. The Processor and each Processor Affiliate may continue to use those Sub Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Processor or any Processor Affiliate as of the date of this DPA. It is acknowledged and agreed that as of the date of this DPA Processor uses Amazon Web Services and Akamai as Sub Processors Website”)for the purpose of cloud hosting services and content delivery network, which use is subject to the respective Amazon and Akamai applicable guidelines. 5.36.3. AppsFlyer Processor may appoint new Sub Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsProcessor (for instance as part of a Privacy Policy amendment), it may request whether by general or specific reference to receive such notice Sub Processor (e.g., by subscribing at name or type of service), including relevant details of the Processing to be undertaken by the new Sub Processors WebsiteProcessor. If, within ten seven (107) days of such notice, Customer notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such Sub Processor to Process appoint for the processing of Customer Personal Data the proposed Sub Processor until reasonable steps have been taken to address the objections raised by Customer, and Customer has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve Customer’s reasonable objections then Customer or AppsFlyer Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.4. With respect to each new Sub Processor, AppsFlyer Processor shall: (a) : 6.4.1. before the Sub Processor first Processes Customer Personal Data, take reasonable steps (for instance by way of reviewing privacy policies as appropriate) to ensure that the Sub Processor is committed to provide the level of protection for Customer Personal Data required by the Agreement; (b) and 6.4.2. ensure that the arrangement between AppsFlyer the Processor and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, which offer a materially similar level of protection that, in all material respects, are consistent with the levels for Customer Personal Data as those set out in this DPA and that meet the Agreement; and (c) remain fully liable to the Customer for the performance requirements of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsApplicable Laws.

Appears in 1 contract

Samples: Data Processing Agreement

Sub-processing. 5.16.1. Customer Controller authorizes AppsFlyer and each AppsFlyer Affiliate Processor to appoint (and permit each Sub Processor appointed in accordance with this Section 5 to appoint) Sub Sub-Processors in accordance with the provision of this Section 5 DPA and any restrictions in the AgreementTerms. 5.26.2. The Sub Processor may continue to use those Sub-Processors used already engaged by AppsFlyer are specified at: xxxxx://xxx.xxxxxxxxx.xxx/subprocessors (“Sub Processor as of the date of this DPA. It is acknowledged and agreed that as of the date of this DPA Processor uses certain Sub-Processors; a list of such Sub- Processors Website”)will be provided upon request. 5.36.3. AppsFlyer Processor may appoint new Sub Sub-Processors at any time and shall update give notice of the Sub Processors Website upon such appointments. If Customer wishes to receive notice appointment of any new Sub ProcessorsSub-Processor, it may request whether by general or specific reference to receive such notice Sub-Processor (e.g., by subscribing at name or type of service), including relevant details of the Sub Processors WebsiteProcessing to be undertaken by the new Sub-Processor. If, within ten seven (107) days of such notice, Customer Controller notifies AppsFlyer Processor in writing of any objections (on reasonable objections grounds) to the proposed appointment, AppsFlyer Processor shall not utilize such Sub Processor to Process Customer appoint for the processing of Processed Personal Data the proposed Sub-Processor until reasonable steps have been taken to address the objections raised by CustomerController, and Customer Controller has been provided with a reasonable written explanation of the steps taken. Where such steps are not sufficient to relieve CustomerController’s reasonable objections then Customer or AppsFlyer Controller and/or Processor may, by written notice to the other Party, with immediate effect, terminate the Agreement TOU to the extent that it relates to the Services which require the use of the proposed Sub Processor, Processor without bearing liability for such termination. 5.46.4. With respect to each Sub ProcessorBefore any Sub-Processor first Processes Processed Personal Data, AppsFlyer shall: (a) Processor shall take reasonable steps to ensure that the Sub Sub-Processor is committed to provide the level of protection for Processed Personal Data required by the Agreement; (b) ensure that Terms, e.g., by way of reviewing the arrangement between AppsFlyer privacy policies and/or other relevant terms, which should meet the requirements of Applicable Laws and the Sub Processor is governed by a written contract, including terms which, to the extent applicable to the nature of services provided by the Sub Processor, offer a materially similar level of protection that, in all material respects, are consistent with the levels for Processed Personal Data as those set out in this DPA and the Agreement; and (c) remain fully liable to the Customer for the performance of the Sub Processor’s data protection obligations where the Sub Processor fails to fulfill such obligationsDPA.

Appears in 1 contract

Samples: Data Processing Agreement

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