These Data Protection Terms (“Data Protection Terms”) outline the responsibilities of both parties in adhering to relevant Data Protection Laws, in the context of Clove’s provision and the Customer’s usage of the Services.
The capitalized terms below will have the assigned meanings. Any capitalized term not defined here will carry the meaning given in the Service Agreement.
These Data Protection Terms are applicable to the Processing of Personal Data by Clove in the course of delivering the Services under the Service Agreement. Any claims related to data privacy or Personal Data will be subject to the liability limitations outlined in the Service Agreement. In instances of discrepancies between these Data Protection Terms and the Service Agreement, these Data Protection Terms will take precedence. These Data Protection Terms supersede any previous version of similar terms.
For the purposes of applicable Data Protection Laws, Clove is designated as the “processor” or “service provider,” and the Customer as the “controller” or “business.”
The specific details of data Processing, including the subject matter, nature, purpose, and types of Personal Data processed, are determined by the Customer’s use of Clove’s Services. This may include Personal Data such as email addresses, names, physical addresses, IP addresses, marketing profiles, unique user IDs (like cookie IDs), or images, documents, or content containing Personal Data. The duration of Processing aligns with the duration of the applicable Service as stipulated in the Service Agreement.
If Clove receives a request regarding data rights from an individual that pertains to the Customer, Clove will promptly inform the Customer of such request(s). It is the responsibility of the Customer to ensure that these requests are handled in compliance with Data Protection Laws.
In instances where the Customer requests assistance from Clove in fulfilling its obligations under applicable Data Protection Laws that extends beyond the standard functionality of the Services, Clove may charge the Customer for any costs incurred beyond the agreed-upon fees. This is particularly relevant if providing such assistance without charge is not commercially reasonable for Clove, considering factors like the volume of requests, complexity of Instructions, and the requested timescale. This may include costs related to executing Instructions for the erasure or return of the Customer’s Personal Data, additional storage costs, or retention of the Customer’s Personal Data.