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Data Processing and
Security Terms (Partners)
Last modified: August 20, 2020
This is not the current version of this document and is provided for archival
purposes.
View the current version
The partner agreeing to these terms (“Partner”), and Google
LLC, Google Ireland Limited, Google Asia Pacific Pte. Ltd.,
or any other entity that directly or indirectly controls, is
controlled by, or is under common control with Google LLC
(as applicable, “Google”), have entered into an agreement
under which Google has agreed to provide Google Cloud
Platform (as described
at https://cloud.google.com/terms/services)
and related technical support to Partner as a reseller or
supplier of Google Cloud Platform under the Program (as
amended from time to time, the “Agreement”).
1. Commencement
These Data Processing and Security Terms, including their
appendices (the “Terms”) will be effective and replace any
previously applicable data processing and security terms as from
the Terms Effective Date (as defined below). These Terms
supplement the Agreement.
2. Definitions
2.1 Capitalized terms defined in the Agreement apply to these
Terms. In addition, in these Terms:
-
Additional Security Controls means security
resources, features, functionality and/or controls that
Partner may use at its option and/or as it determines,
including the Admin Console, encryption, logging and
monitoring, identity and access management, security scanning,
and firewalls.
-
*Agreed Liability Cap *means the maximum
monetary or payment-based amount at which a party’s liability
is capped under the Agreement.
-
Alternative Transfer Solution means a
solution, other than the Model Contract Clauses, that enables
the lawful transfer of personal data to a third country in
accordance with European Data Protection Law.
-
Audited Services means the then-current
Services indicated as being in-scope for the relevant
certification or report
at https://cloud.google.com/security/compliance/services-in-scope.
Google may not remove a Service from this URL unless that
Service has been discontinued in accordance with the
Agreement.
-
Data Incident means a breach of Google’s
security leading to the accidental or unlawful destruction,
loss, alteration, unauthorized disclosure of, or access to,
Partner Data on systems managed by or otherwise controlled by
Google.
-
EEA means the European Economic Area.
-
EU 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.
-
European Data Protection Law means, as
applicable: (a) the GDPR; and/or (b) the Federal Data
Protection Act of 19 June 1992 (Switzerland).
-
European or National Law means, as applicable:
(a) EU or EU Member State law (if the EU GDPR applies to the
processing of Partner Personal Data); and/or (b) the law of
the UK or a part of the UK (if the UK GDPR applies to the
processing of Partner Personal Data).
-
GDPR means, as applicable: (a) the EU GDPR;
and/or (b) the UK GDPR.
-
Google’s Third Party Auditor means a
Google-appointed, qualified and independent third party
auditor, whose then-current identity Google will disclose to
Partner.
-
Model Contract
Clauses or MCCs mean standard