Common use of Use of Subprocessors Clause in Contracts

Use of Subprocessors. 6.1 PTV may use subprocessors in the processing of the data, which are published at the time of the conclusion of this agreement at xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf (in particular PTV Planung Transport Verkehr GmbH, Karlsruhe/Germany, insofar as this is not already the direct contractual partner of the Customer), as well as other subprocessors, if the Customer has expressly consented to this in advance or if PTV informs the Customer before they are used or replaced and the Customer does not object in accordance with this Clause 6.1. The notification shall be made at least 14 calendar days in advance directly to the Customer and by publication on xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf. Under this link the Customer will always find the current and the announced future subprocessors. The Customer may object to the change within a period of 14 calendar days (calculated from notification/publication), otherwise consent shall be deemed granted. In the event of an objection, PTV may change/restrict the Service for the Customer in such a way that the objected subprocessor does not process the Customer's data, insofar as the change/restriction is reasonable for the Customer. If this should not be possible for PTV within 30 calendar days upon receipt of the objection, the Customer may terminate the affected Service immediately, in which case PTV shall refund any amounts already paid for the otherwise remaining contract term on a pro rata basis as of the termination date. Further claims of the Customer are subject to the contractual/legal regulations and are excluded in any case unless the Customer asserts an important reason as defined by law for the objection. 6.2 PTV shall be liable for the actions and conduct of the subprocessors and shall carefully select them. PTV shall enter into agreements with the subprocessor to the extent required by law in order to transfer the data protection obligations under this contractual document to the subprocessor and to ensure required data protection and information security measures and shall provide evidence of this to the Customer upon request.

Appears in 2 contracts

Samples: Data Processing Agreement, Data Processing Agreement

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Use of Subprocessors. 6.1 PTV ‌ 7.1. Conundra may use subprocessors in the processing of the data, which are published at the time of the conclusion of this agreement at xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf xxxxx://xxx.xxxxxxxxxxxx.xxx/en/Subprocessors_PTV_EN.pdf?inline (in particular PTV Planung Transport Verkehr Logistics GmbH, Karlsruhe/Germany, insofar as this is not already the direct contractual partner of the Customer) in the sense of a prior general written authorisation of the controller (Art.28 (2) GDPR), as well as other subprocessors, if the Customer has expressly consented to this in advance or if PTV Conundra informs the Customer before they are used or replaced and the Customer does not object in accordance with this Clause 6.17.1. The notification shall be made at least 14 calendar days in advance directly to the Customer and by publication on xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdfxxxxx://xxx.xxxxxxxxxxxx.xxx/en/Subprocessors_PTV_EN.pdf?inline. Under this link the Customer will always find the current and the announced future subprocessors. The Customer may object to the change within a period of 14 calendar days (calculated from notification/publication), otherwise consent shall be deemed granted. The Customer's notification can be sent to the email address last provided by the Customer to Conundra with the effect of triggering the deadline, whereby the start of the deadline is always the day on which the notification is sent. In the event of an objection, PTV Conundra may change/restrict the Service for the Customer in such a way that the objected subprocessor does not process the Customer's data, insofar as the change/restriction is reasonable for the Customer. If this should not be possible for PTV Conundra within 30 calendar days upon receipt of the objection, the Customer may terminate the affected Service immediately, in which case PTV Conundra shall refund any amounts already paid for the otherwise remaining contract term on a pro rata basis as of the termination date. Further claims of the Customer are subject to the contractual/legal regulations and are excluded in any case unless the Customer asserts an important reason as defined by law for the objection. 6.2 PTV 7.2. Conundra shall be liable for the actions and conduct of the subprocessors and shall carefully select them. PTV Conundra shall enter into agreements with the subprocessor to the extent required by law in order to transfer the data protection obligations under this contractual document agreement to the subprocessor and to ensure required data protection and information security measures and shall provide evidence of this to the Customer upon request.

Appears in 1 contract

Samples: Data Processing Agreement

Use of Subprocessors. 6.1 PTV may use subprocessors in the processing of the data, which are published at the time of the conclusion of this agreement at xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf (in particular PTV Planung Transport Verkehr GmbHAG, Karlsruhe/Germany, insofar as this is not already the direct contractual partner of the Customer), as well as other subprocessors, if the Customer has expressly consented to this in advance or if PTV informs the Customer before they are used or replaced and the Customer does not object in accordance with this Clause 6.1. The notification shall be made at least 14 calendar days in advance directly to the Customer and by publication on xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf. Under this link the Customer will always find the current and the announced future subprocessors. The Customer may object to the change within a period of 14 calendar days (calculated from notification/publication), otherwise consent shall be deemed granted. In the event of an objection, PTV may change/restrict the Service for the Customer in such a way that the objected subprocessor does not process the Customer's data, insofar as the change/restriction is reasonable for the Customer. If this should not be possible for PTV within 30 calendar days upon receipt of the objection, the Customer may terminate the affected Service immediately, in which case PTV shall refund any amounts already paid for the otherwise remaining contract term on a pro rata basis as of the termination date. Further claims of the Customer are subject to the contractual/legal regulations and are excluded in any case unless the Customer asserts an important reason as defined by law for the objection. 6.2 PTV shall be liable for the actions and conduct of the subprocessors and shall carefully select them. PTV shall enter into agreements with the subprocessor to the extent required by law in order to transfer the data protection obligations under this contractual document to the subprocessor and to ensure required data protection and information security measures and shall provide evidence of this to the Customer upon request.

Appears in 1 contract

Samples: Data Processing Agreement

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Use of Subprocessors. 6.1 ‌ 7.1. PTV may use subprocessors in the processing of the data, which are published at the time of the conclusion of this agreement at xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdf xxxxx://xxx.xxxxxxxxxxxx.xxx/en/Subprocessors_PTV_EN.pdf?inline (in particular PTV Planung Transport Verkehr Logistics GmbH, Karlsruhe/Germany, insofar as this is not already the direct contractual partner of the Customer), as well as other subprocessors, if the Customer has expressly consented to this in advance or if PTV informs the Customer before they are used or replaced and the Customer does not object in accordance with this Clause 6.1. The notification shall be made at least 14 calendar days in advance directly to the Customer and by publication on xxxxx://xxx.xxxxxxxx.xxx/fileadmin/user_upload/Legal_Documents/Subprocesso rs.pdfxxxxx://xxx.xxxxxxxxxxxx.xxx/en/Subprocessors_PTV_EN.pdf?inline. Under this link the Customer will always find the current and the announced future subprocessors. The Customer may object to the change within a period of 14 calendar days (calculated from notification/publication), otherwise consent shall be deemed granted. In the event of an objection, PTV may change/restrict the Service for the Customer in such a way that the objected subprocessor does not process the Customer's data, insofar as the change/restriction is reasonable for the Customer. If this should not be possible for PTV within 30 calendar days upon receipt of the objection, the Customer may terminate the affected Service immediately, in which case PTV shall refund any amounts already paid for the otherwise remaining contract term on a pro rata basis as of the termination date. Further claims of the Customer are subject to the contractual/legal regulations and are excluded in any case unless the Customer asserts an important reason as defined by law for the objection. 6.2 7.2. PTV shall be liable for the actions and conduct of the subprocessors and shall carefully select them. PTV shall enter into agreements with the subprocessor to the extent required by law in order to transfer the data protection obligations under this contractual document to the subprocessor and to ensure required data protection and information security measures and shall provide evidence of this to the Customer upon request.

Appears in 1 contract

Samples: Data Processing Agreement

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