![]() If Customer is not the Controller of Personal Data, Customer represents and warrants to Mission Control that Customer has the right and authority to appoint Mission Control as a Processor and provide instructions to Mission Control, and such actions have been authorized by the appropriate Controller of the Personal Data.Ĭustomer has sole responsibility for the quality, ongoing accuracy, legality and scope of Personal Data and the means by which Customer acquired Personal Data. ![]() This DPA does not apply where Mission Control is a Controller of Personal Data.Ĭustomer may act either as a Controller or Processor, as applicable, of Personal Data. Controller/Processor Rolesįor purposes of this DPA, the parties agree that Dato is a Processor of Personal Data. This DPA and Mission Control Processing of Personal Data will terminate automatically upon termination of the Agreement and of any post termination period during which Mission Control makes Personal Data available for export by Customer, until its final deletion. In the event of a conflict between this DPA and the Agreement concerning the subject matter hereof, the terms of this DPA will govern. This DPA will be effective from the later of (a) or (b) the date on which Customer clicks to accept the Agreement and this DPA or Mission Control and Customer otherwise agree to this DPA. “Subprocessor” means a third party that, by reason of its role in performing services on behalf of Mission Control with respect to Mission Control’s provision of a Product, may have logical access to Personal Data covered by this DPA. “Product” means a Product and all related services provided by Mission Control that Processes Personal Data covered by this DPA. ![]() “Personal Data” means information relating to an identified or identifiable natural person (Data Subject) covered under the GDPR that is directly or indirectly submitted, stored or Processed via use of the Product by Customer, its Affiliates, clients or end users. “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. “Data Subject Request” means a request made by or on behalf of a Data Subject to exercise a right for access to, rectification, objection, erasure or other applicable right recognized by the GDPR of that Data Subject’s Personal Data. “Controller”, “Data Subject”, “Processor”, Processing” will have the meaning set forth in Article 4 of the GDPR. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity, where “control” refers to the power to direct or cause the direction of the subject entity, whether through ownership of voting securities, by contract or otherwise. DefinitionsĬapitalized words are defined in this section or when first used throughout this DPA or the applicable Agreement. or one of its affiliates (“Mission Control”) and the customer identified in an order (“Customer”) for an Mission Control Product only to the extent the Product is used to Process Personal Data covered under the GDPR. This European Data Processing Addendum (“DPA”) amends the applicable agreement (“Agreement”) between Mission Control NOC and HelpDesk Services Inc.
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