Customer is a either a controller or processor of that Customer Personal Data under European Data Protection Legislation, VCDPA, or LGPD, and/or a Business with respect to that Customer Personal Data under the CCPA and CPRA, as applicable and ClickUp is a processor of that Customer Personal Data under the European Data Protection Legislation, VCDPA, or LGPD, and/or a Service Provider with respect to that Customer Personal Data under the CCPA and CPRA, as applicable the subject matter and details of the processing are described in Appendix 1, as amended from time to time If the European Data Protection Legislation, LGPD, VCDPA, CCPA, or CPRA apply to the processing of Customer Personal Data, the parties acknowledge and agree that: This Addendum only applies to the extent that we are processing Customer Personal Data on behalf of Customer. Processor and Controller Responsibilities. Roles and Regulatory Compliance Authorization.ģ.1.1. The terms “ personal information”, “ Business”, and “ Service Provider” have the meanings set forth in the CCPA.ģ.1. The terms “personal data”, “data subject”, “ processing”, “ controller”, “ processor” and “ supervisory authority” as used in this Addendum have the meanings given in the GDPR and LGPD, as applicable, and the terms “ data importer” and “ data exporter” have the meanings given in the Standard Contractual Clauses. “ VCDPA” means the Virginia Consumer Data Protection Act.ġ.22. “ Term” means the period from the Addendum Effective Date until the end of ClickUp’s provision of the Services.ġ.20 “ Transfer Solution” means the Standard Contractual Clauses or another solution that enables the lawful transfer of personal data to a third country in accordance with Article 45 or 46 of the GDPR.ġ.21. “ Subprocessors” means third parties authorised under this Addendum to process Customer Personal Data in relation to the Services.ġ.19. “ Services” means the services and/or products to be provided by ClickUp to Customer under the Agreement.ġ.18. “ Security Measures” has the meaning given in Section 5.1.1 (ClickUp’s Security Measures).ġ.17. “ Security Documentation” means all documents and information made available by ClickUp under Section 5.4.1 (Audits).ġ.16. “ Standard Contractual Clauses” or “ SCCs” has the meaning set for thin Appendix 3 (Cross Borderġ.15. “ LGPD” means the Brazilian General Data Protection Law.ġ.14. “Information Security Incidents” will not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems.ġ.13. “ Information Security Incident” means a breach of ClickUp’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Personal Data in ClickUp’s possession, custody or control. “ 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 of EU data subjects and on the free movement of such data, and repealing Directive 95/46/EC.ġ.12. “ European Data Protection Legislation” means the GDPR and other data protection laws of the EU, its Member States, Switzerland, Iceland, Liechtenstein, Norway, and the United Kingdom, applicable to the processing of Customer Personal Data under the Agreement.ġ.11. ![]() “ EEA” means the European Economic Area.ġ.10. “ Global Data Protection Legislation” means the European Data Protection Legislation, CCPA, CPRA, VCDPA, and LGPD as applicable to the processing of Customer Personal Data under the Agreement.ġ.8. “ Customer Personal Data” means any personal data or personal information of data subjects contained within the data provided to or accessed by ClickUp by or on behalf of Customer or Customer end users in connection with the Services.ġ.7. “ CPRA” means the California Privacy Rights Act of 2020, as amended from time to time.ġ.6. “ CCPA” means the California Consumer Privacy Act of 2018, as amended by CPRA.ġ.5. “ Audit Reports” has the meaning given in Section 5.4.4 (Audit Reports).ġ.4. “ 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.ġ.3. “ Addendum Effective Date” means the date on which the parties agreed to this Addendum.ġ.2. Capitalized terms that are used but not otherwise defined in this Addendum shall have the meanings set forth in the Agreement.ġ.1. For purposes of this Addendum, the terms below shall have the meanings set forth below.
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