Page 1 of 4 Adobe Data Protection Terms, 2023JAN3
Data Protection Terms for Cloud Services These data protection terms (“Data Protection Terms”) state the parties’ obligations to comply with applicable Data Protection Laws in connection with Adobe’s provision and Customer´s use of the Cloud Services.
- Definitions The capitalized terms will have the meanings set out below. All capitalized terms not defined in these Data Protection Terms shall have the meanings ascribed to them in the License Agreement.
a. “Cloud Services” means the On-demand Services and Managed Services provided by Adobe and its Affiliates.
b. “Data Protection Laws” means any applicable privacy and data protection laws, regulations, and rules.
c. "License Agreement" means the agreement under which Adobe supplies Customer with the Cloud Services, whether directly or indirectly.
d. “Instruction” means any documented instruction or data input received by Adobe from Customer.
e. “Personal Data” is given the meaning under Data Protection Laws relating to this term or any similar term (such as “personal information” or “personally identifiable information”) used in Data Protection Laws, or where no such laws apply, means any information that by itself or when combined with other information (such as telephone number, e-mail address, precise real-time GPS location, and government-issued identification number) can be used by Adobe to identify a specific natural person.
f. “Process” or “Processing” is given the meaning under the relevant Data Protection Laws relating to this term, or where no such term exists, shall mean any operation which is performed upon Personal Data, such as collecting, recording, storing, adaptation or alteration, retrieval, use, disclosure, or otherwise making available, erasing or destructing.
2. General Provisions.
These Data Protection Terms are applicable to the Processing of Personal Data by Adobe in providing the Cloud Services under the License Agreement. Any data privacy claim or claim related to Personal Data will be subject to the liability cap in the License Agreement. In case of inconsistencies between these Data Protection Terms and the License Agreement, these Data Protection Terms shall prevail. These Data Protection Terms replace any prior version of the Data Protection Terms.
3. Processing and Types of Personal Data.
Page 2 of 4 Adobe Data Protection Terms, 2023JAN3
For the purpose of applicable Data Protection Laws, Adobe is the “processor” or “service provider,” as defined, and Customer is the “controller” or “business.” The subject matter, nature, purpose, and details of the data Processing, and the types of Personal Data Processed are determined by the Customer through Customer’s use of the Cloud Services and may include Personal Data such as email, name, address, IP address, marketing profiles, unique user IDs (such as cookie IDs), or images, documents or content containing Personal Data. The duration of Processing will be for the duration of the applicable Cloud Service as set forth in the License Agreement.
a. In relation to any Personal Data contained in Customer Data or Customer Content:
i. the parties acknowledge and agree that as between the parties, Adobe will Process the Personal Data on behalf of Customer and pursuant to Customer’s Instructions, in accordance with the License Agreement and these Data
Protection Terms;
ii. Adobe must comply with its obligations under Data Protection Laws and protect Personal Data as required by Data Protection Laws in the course of Processing Personal Data for Customer (including any such obligations that relate to Adobe’s use of subcontractors); and iii. Customer must comply with its obligations under Data Protection Laws and perform all acts required under Data Protection Laws in order for Adobe to Process the Personal Data for the purposes of the License Agreement (including but not limited to giving any notifications, obtaining any consents, and making any disclosures required under the Data Protection Laws).