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Chronicle Data Processing and Security Terms (Customers)
Last modified: September 27, 2021
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 technical support to Customer (as amended
from time to time, the "Agreement").
These Data Processing and Security Terms, including
their appendices (the "Terms") are incorporated
into the Agreement. These Terms will be effective and
replace any previously applicable data processing and
security terms from the Terms Effective Date (as defined
below). 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).
- Definitions
1.1 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
Customer may use at its option and/or as it determines,
including encryption, logging, monitoring, and security
scanning.
-
Adequate Country means:
(a) for data processed
subject to the EU GDPR: the EEA, or a country or territory
that is the subject of an adequacy decision by the
Commission under Article 45(1) of the EU GDPR;
(b) for data processed
subject to the UK GDPR: the UK or a country or territory
that is the subject of the adequacy regulations under
Article 45(1) of the UK GDPR and Section 17A of the Data
Protection Act 2018; and/or
(c) for data processed
subject to the Swiss FDPA: Switzerland, or a country or
territory that (i) is included in the list of the states
whose legislation ensures an adequate level of protection
as published by the Swiss Federal Data Protection and
Information Commissioner, or (ii) is the subject of an
adequacy decision by the Swiss Federal Council under the
Swiss FDPA.
-
Alternative Transfer Solution means a solution,
other than SCCs, 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 Data *has the meaning given in the
Agreement or, if no such meaning is given, means data
provided by or on behalf of Customer or Customer End
Users via the Services under the Account.
-
Customer End Users has the meaning given in the
Agreement or, if no such meaning is given, has the
meaning given to "End User(s)" in the Agreement.
-
Customer Personal Data means the personal data
contained within the Customer Data, including any
special categories of personal data defined under
European Data Protection Law.
-
Customer SCCs means the SCCs (EU
Controller-to-Processor), the SCCs (EU
Processor-to-Processor), the SCCs (EU
Processor-to-Controller), and/or the SCCs (UK
Controller-to-Processor), as applicable.
-
Data Incident means a breach of Chronicle's