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Chronicle Data Processing and Security Terms
Last modified: October 01, 2020
This is not the current version of this document and is
provided for archival purposes.
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The customer agreeing to these terms ("Customer"), and Chronicle LLC,
Chronicle Security Ireland Limited, or any other entity that directly or
indirectly controls, is controlled by, or is under common control with
Chronicle LLC (as applicable, "Chronicle"), have entered into an agreement
under which Chronicle has agreed to provide the Services and related
support to Customer (as amended from time to time, the "Agreement").
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. Where the Agreement was
entered into offline with Chronicle, these Terms supersede the "Data Privacy
and Security" Clause, the "DPA", and "Security Terms" in that agreement
(if applicable).
1. Definitions
1.1 Terms defined in the Agreement apply to these Terms. Words and
expressions used in this DPST but not independently defined have the
meanings given to them in the Agreement or in the GDPR. In addition,
in these Terms:
-
Additional Security Controls means security resources, features,
functionality and/or controls that the Customer may use at its option
and/or as it determines, including encryption, logging, monitoring,
and security scanning.
-
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.
-
Chronicle's Third Party Auditor means a Chronicle-appointed, qualified
and independent third party auditor, whose then-current identity Chronicle
will disclose to Customer.
-
Customer Personal Data means the personal data contained within
the Customer Data.
-
Data Incident means a breach of Chronicle's security leading to the
accidental or unlawful destruction, loss, alteration, unauthorized
disclosure of, or access to, Customer Data on systems managed by
or otherwise controlled by Chronicle.
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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 Customer
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 Customer Personal Data).
-
GDPR means, as applicable: (a) the EU GDPR; and/or (b) the UK
GDPR.
-
Model Contract Clauses or MCCs mean standard data protection clauses
for the transfer of personal data to processors established in third
countries which do not ensure an adequate level of data protection,
as described in Article 46 of the EU GDPR and set out at