1. Introduction
This Appendix 1A will only apply to the extent that the European Data Protection Legislation applies to the
processing of Controller Personal Data.
2. Definitions
2.1 In this Appendix 1A:
“Adequate Country” means:
(a) for data processed subject to the EU GDPR: the EEA, or a country or territory
recognized as ensuring adequate data protection under the EU GDPR;
(b) for data processed subject to the UK GDPR: the UK, or a country or territory recognized
as ensuring adequate protection under the UK GDPR and the Data Protection Act 2018; and/or
(c) for data processed subject to the Swiss FDPA: Switzerland, or a country or territory
that is: (i) included in the list of the states whose legislation ensures adequate protection as
published by the Swiss Federal Data Protection and Information Commissioner, or (ii) recognized as
ensuring adequate protection by the Swiss Federal Council under the Swiss FDPA,
in each case, other than on the basis of an optional data protection framework.
“Alternative Transfer Solution” means a solution, other than the Controller SCCs, that
enables the lawful transfer of personal data to a third country in accordance with the European Data
Protection Legislation, for example a data protection framework recognized as ensuring that participating
entities provide adequate protection.
“Controller SCCs” means the terms at business.safety.google/adscontrollerterms/sccs/c2c.
“EEA” means the European Economic Area.
“European Controller Personal Data” means Controller Personal Data of Controller Data
Subjects located in the EEA or Switzerland.
“European Laws” means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies
to the processing of Controller Personal Data); (b) the law of the UK or a part of the UK (if the UK GDPR
applies to the processing of Controller Personal Data); and (c) the law of Switzerland (if the Swiss FDPA
applies to the processing of Controller Personal Data).
“Google End Controllers” means the End Controllers of Controller Personal Data processed by
Google.
“Permitted European Transfers” means the processing of Controller Personal Data in, or the
transfer of Controller Personal Data to, an Adequate Country.
“Restricted European Transfer(s)” means transfer(s) of Controller Personal Data that are:
(a) subject to the European Data Protection Legislation; and (b) not Permitted European Transfers.
“UK Controller Personal Data” means Controller Personal Data of Controller Data Subjects
located in the UK.
2.2The terms “data importer” and “data exporter” have the
meanings given in the Controller SCCs.
3. Google End Controllers
The Google End Controllers are: (i) for European Controller Personal Data processed by Google, Google Ireland
Limited; and (ii) for UK Controller Personal Data processed by Google, Google LLC. Each party will ensure that
its End Controllers comply with the Controller SCCs, where applicable.
4. Data Transfers
4.1 Restricted European Transfers. Either party may make Restricted European
Transfers if it complies with the provisions on Restricted European Transfers in the European Data
Protection Legislation.
4.2 Alternative Transfer Solution.
(a)If Google has adopted an Alternative Transfer Solution for any Restricted European
Transfers, then: (i) Google will ensure that such Restricted European Transfers are made in accordance
with that Alternative Transfer Solution; and (ii) paragraph 5 (Controller SCCs) of this Appendix 1A will
not apply to such Restricted European Transfers.
(b)If Google has not adopted, or informs Customer that Google is no longer adopting, an
Alternative Transfer Solution for any Restricted European Transfers, then paragraph 5 (Controller SCCs)
of this Appendix 1A will apply to such Restricted European Transfers.
4.3 Onward Transfer Provisions.
(a) Application of Paragraph 4.3. Paragraphs 4.3(b) (Use of Data Provider
Personal Data) and 4.3(c) (Protection of Data Provider Personal Data) of this Appendix 1A will only
apply to the extent that:
(i)a party (the “Data Recipient”) processes Controller Personal Data
that is made available by the other party (the “Data Provider”) in connection with
the Agreement (such Controller Personal Data, “Data Provider Personal Data”);
(ii)the Data Provider or its Affiliate is certified under an Alternative Transfer
Solution; and
(iii)the Data Provider notifies the Data Recipient of such Alternative Transfer
Solution certification in writing.
(b)Use of Data Provider Personal Data.
(i)To the extent that an applicable Alternative Transfer Solution includes an onward
transfer principle, then pursuant to such onward transfer principle under the relevant Alternative
Transfer Solution, the Data Recipient will only use Data Provider Personal Data in a manner
consistent with the consent provided by the relevant Controller Data Subjects.
(ii)To the extent the Data Provider fails to obtain consent from the relevant
Controller Data Subjects as required under the Agreement, the Data Recipient will not be in breach
of paragraph 4.3(b)(i) if it uses Data Provider Personal Data consistent with the required consent.
(c)Protection of Data Provider Personal Data.
(i)The Data Recipient will provide a level of protection for Data Provider Personal
Data that is at least equivalent to that required under the applicable Alternative Transfer
Solution.
(ii)If the Data Recipient determines that it cannot comply with paragraph 4.3(c)(i), it
will: (A) notify the Data Provider in writing; and (B) either cease processing the Data Provider
Personal Data or take reasonable and appropriate steps to remedy such non-compliance.
(d)Alternative Transfer Solution Adoption and Certification. Information
about Google and/or its Affiliates’ adoption of, or certification under, any Alternative Transfer
Solutions can be found at https://business.safety.google/adsdatatransfers. This paragraph 4.3(d) constitutes notice in writing of Google and or its Affiliates’ current certifications as at the Terms Effective Date for the purpose of paragraph 4.3(a)(iii).
5. Controller SCCs
5.1 Transfers of European Controller Personal Data to Customer. To the extent
that:
(a)Google transfers European Controller Personal Data to Customer; and
(b)the transfer is a Restricted European Transfer, Customer as data importer will be deemed
to have entered into the Controller SCCs with Google Ireland Limited (the applicable Google End
Controller) as data exporter and the transfers will be subject to the Controller SCCs.
5.2 Transfers of UK Controller Personal Data to Customer. To the extent that:
(a)Google transfers UK Controller Personal Data to Customer; and
(b)the transfer is a Restricted European Transfer,
Customer as data importer will be deemed to have entered into the Controller SCCs with Google LLC (the
applicable Google End Controller) as data exporter and the transfers will be subject to the Controller
SCCs.
5.3 Transfers of European Controller Personal Data to Google. The parties
acknowledge that to the extent Customer transfers European Controller Personal Data to Google, the
Controller SCCs are not required because the address of Google Ireland Limited (the applicable Google End
Controller) is in an Adequate Country and such transfers are Permitted European Transfers. This does not
affect Google’s obligations under paragraph 4.1 (Restricted European Transfers) of this Appendix 1A.
5.4Transfers of UK Controller Personal Data to Google. To the extent that
Customer transfers UK Controller Personal Data to Google, Customer as data exporter will be deemed to have
entered into the Controller SCCs with Google LLC (the applicable Google End Controller) as data importer and
the transfers will be subject to the Controller SCCs, because Google LLC’s address is not in an Adequate
Country.
5.5 Contacting Google; Customer Information.
(a)Customer may contact Google Ireland Limited and/or Google LLC in connection with the
Controller SCCs at https://support.google.com/policies/troubleshooter/9009584 or through
such other means as may be provided by Google from time to time.
(b)Customer acknowledges that Google is required under the Controller SCCs to record
certain information, including (i) the identity and contact details of the data importer (including any
contact person with responsibility for data protection); and (ii) the technical and organisational
measures implemented by the data importer. Accordingly, Customer will, where requested and as applicable
to Customer, provide such information to Google via such means as may be provided by Google, and will
ensure that all information provided is kept accurate and up-to-date.
5.6Responding to Data Subject Enquiries. The applicable data importer will be
responsible for responding to enquiries from data subjects and the supervisory authority concerning the
processing of applicable Controller Personal Data by the data importer.
5.7Data Deletion on Termination. To the extent that:
(a)Google LLC acts as data importer and Customer acts as data exporter under the Controller
SCCs; and
(b)Customer terminates the Agreement in accordance with Clause 16(c) of the Controller
SCCs, then for the purposes of Clause 16(d) of the Controller SCCs, Customer directs Google to delete
Controller Personal Data, and, unless European Laws require storage, Google will facilitate such
deletion as soon as is reasonably practicable, to the extent such deletion is reasonably possible
(taking into account that Google is an independent Controller of such data, as well as the nature and
functionality of the Controller Services).
6.Liability if Controller SCCs Apply.
If Controller SCCs apply under paragraph 5 (Controller SCCs) of this Appendix 1A, then the total combined
liability of:
(a)Google, Google LLC and Google Ireland Limited towards Customer; and
(b)Customer towards Google, Google LLC and Google Ireland Limited,
under or in connection with the Agreement and the Controller SCCs combined will be subject to Section 5
(Liability). Clause 12 of the Controller SCCs will not affect the previous sentence.
7.Third-Party Beneficiaries
Where Google LLC and/or Google Ireland Limited are not a party to the Agreement but are a party to the
applicable Controller SCCs in accordance with paragraph 5 (Controller SCCs) of this Appendix 1A, Google LLC
and/or Google Ireland Limited (as applicable) will be a third-party beneficiary of Section 4.3 (End Controllers)
and paragraphs 3 (Google End Controllers), 5 (Controller SCCs) and 6 (Liability if Controller SCCs Apply) of
this Appendix 1A. To the extent this paragraph 7 (Third-Party Beneficiaries) conflicts or is inconsistent with
any other clause in the Agreement, this paragraph 7 (Third-Party Beneficiaries) will apply.
8. Precedence
8.1If there is any conflict or inconsistency between the Controller SCCs, this Appendix 1A, the
remainder of these Controller Terms and/or the remainder of the Agreement, then the Controller SCCs will
prevail.
8.2Additional Commercial Clauses. Subject to the amendments in these
Controller Terms, the Agreement remains in full force and effect. Paragraphs 5.5 (Contacting Google) to 5.7
(Data Deletion on Termination), and paragraph 6 (Liability if Controller SCCs Apply) of this Appendix 1A are
additional commercial clauses relating to the Controller SCCs as permitted by Clause 2(a) (Effect and
invariability of the Clauses) of the Controller SCCs.
8.3No Modification of Controller SCCs. Nothing in the Agreement (including
these Controller Terms) is intended to modify or contradict any Controller SCCs or prejudice the fundamental
rights or freedoms of data subjects under the European Data Protection Legislation.
1. Introduction
Google may offer and Customer may enable certain in-product settings, configurations or other functionality for
the Controller Services relating to restricted data processing, as described in supporting documentation
available at business.safety.google/rdp, as updated from time to time (“Restricted
Data Processing”). This Appendix 1B reflects the parties’ agreement on the processing of Customer
Personal Data and Deidentified Data (as defined below) pursuant to the Agreement in connection with the US State
Privacy Laws, and is effective solely to the extent each US State Privacy Law applies.
2. Additional Definitions and Interpretation.
In this Appendix 1B:
(a)“Customer Personal Data” means personal data that is processed by Google on
behalf of Customer in Google’s provision of Controller Services.
(b)“Deidentified Data” means data information that is “deidentified” (as that
term is defined by the CCPA) and “de-identified data” (as defined by other US State Privacy Laws), when
disclosed by one party to the other.
(c)“Instructions” means, collectively, Customer’s instructions to Google to
process Customer Personal Data only in accordance with US State Privacy Laws: (a) to provide the RDP
Services and any related technical support; (b) as further specified through Customer’s use of the RDP
Services (including in the settings and other functionality of such RDP Services) and any related technical
support; (c) as documented in the form of the Agreement, including this Appendix 1B; (d) as further
documented in any other written instructions given by Customer and acknowledged by Google as constituting
instructions for purposes of this Appendix 1B; and (e) to process Customer Personal Data as permitted under
US State Privacy Laws for service providers and processors.
(d)“RDP Services” means Controller Services operating under Restricted Data
Processing.
(e)“Term” means the period from the Terms Effective Date until the end of Google’s provision of the Controller Services under the Agreement.
(f) the terms “business”, “consumer”, “personal
information”, “sale(s)”, “sell”, “service
provider”, and “share” as used in this Appendix 1B have the meanings given in
the US State Privacy Laws.
(g)Customer is solely liable for its compliance with each of the US State Privacy Laws in its
use of Google services, including Restricted Data Processing.
3. US State Privacy Law Terms (under Restricted Data Processing).
With respect to Customer Personal Data processed under Restricted Data Processing, and to the extent that one or
more of the US State Privacy Laws applies to the processing of Customer Personal Data:
3.1Processing of Data.
3.1.1Roles and Regulatory Compliance; Authorization.
(a)Processor and Controller Responsibilities. The parties acknowledge
and agree that:
(i)paragraph 7 (Subject Matter and Details of the Data Processing Under US State
Privacy Laws) of this Appendix 1B describes the subject matter and details of the processing of
Customer Personal Data;
(ii)Google is a service provider and processor of Customer Personal Data under the
US State Privacy Laws;
(iii)Customer is a controller or processor, as applicable, of Customer Personal
Data under the US State Privacy Laws; and
(b)Processor Customers. If Customer is a processor:
(i)Customer warrants on an ongoing basis that the relevant controller has
authorized: (A) the Instructions, (B) Customer’s appointment of Google as another processor, and
(C) Google’s engagement of subcontractors as described in paragraph 3.6 (Subcontractors) of this
Appendix 1B;
(ii)Customer will immediately forward to the relevant controller any notice
provided by Google under paragraphs 3.3.2(a) (Incident Notification) and 3.6 (Subcontractors);
and
(iii)Customer may make available to the relevant controller any information made
available by Google under paragraphs 3.3.3(c) (Customer’s Audit Rights), and 3.6
(Subcontractors).
3.1.2Customer’s Instructions. By entering into this Appendix 1B, Customer
instructs Google to process Customer Personal Data only in accordance with the Instructions.
3.1.3Google’s Compliance with Instructions. Google will comply with the
Instructions unless prohibited under the US State Privacy Laws.
3.1.4 Additional Products. If Customer uses any product, service or
application provided by Google or a third party that: (a) is not part of the RDP Services; and (b) is
accessible for use within the user interface of the RDP Services or is otherwise integrated with the RDP
Services (an “Additional Product”), the RDP Services may allow that Additional Product
to access Customer Personal Data as required for the interoperation of the Additional Product with the
RDP Services. For clarity, this Appendix 1B does not apply to the processing of personal data in
connection with the provision of any Additional Product used by Customer, including personal data
transmitted to or from that Additional Product.
3.2Data Deletion on Term Expiry. Customer instructs Google to delete all
remaining Customer Personal Data (including existing copies) from Google’s systems at the end of the Term in
accordance with applicable law. Google will comply with this instruction as soon as reasonably practicable
and within a maximum period of 180 days, unless applicable laws require storage.
3.3 Data Security.
3.3.1Google’s Security Measures and Assistance.
(a)Google’s Security Measures. Google will implement and maintain
technical and organizational measures to protect Customer Personal Data against accidental or
unlawful destruction, loss, alteration, unauthorized disclosure or access (“Security
Measures”). The Security Measures include measures: (i) to encrypt personal data; (ii)
to help ensure the ongoing confidentiality, integrity, availability and resilience of Google’s
systems and services; (iii) to help restore timely access to personal data following an incident;
and (iv) for regular testing of effectiveness. Google may update or modify the Security Measures
from time to time, provided that such updates and modifications do not result in the degradation of
the overall security of the Customer Personal Data.
(b)Access and Compliance. Google will ensure that all persons
authorized to process Customer Personal Data have committed themselves to confidentiality or are
under an appropriate statutory obligation of confidentiality.
(c)Google’s Security Assistance. Google will (taking into account the
nature of the processing of Customer Personal Data and the information available to Google) assist
Customer in meeting Customer’s (or, where Customer is a processor, the relevant controller’s)
obligations in respect of security of personal data and personal data breaches, including Customer’s
(or, where Customer is a processor, the relevant controller’s) obligations relating to security of
personal data and personal data breaches under the US State Privacy Laws, by:
(i)implementing and maintaining the Security Measures in accordance with paragraph
3.3.1(a) (Google’s Security Measures);
(ii)complying with the terms of paragraph 3.3.2 (Data Incidents); and
(iii)providing Customer with the rights granted under paragraph 3.3.3(c)
(Customer’s Audit Rights).
3.3.2Data Incidents.
(a)Incident Notification. If Google becomes aware of a Data Incident
(as defined below), Google will: (i) notify Customer of the Data Incident without undue delay; and
(ii) promptly take reasonable steps to minimize harm and secure Customer Personal Data. In this
Appendix 1B, “Data Incident” means a breach of Google’s security leading to the
accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to,
Customer Personal Data on systems managed by or otherwise controlled by Google. “Data 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.
(b)Delivery of Notification. Google will deliver its notification of
any Data Incident to the email address designated by Customer, via the user interface of the RDP
Services or such other means provided by Google, to receive certain notifications from Google
relating to this Appendix 1B (“Notification Email Address”) or, at Google’s
discretion (including if Customer has not provided a Notification Email Address), by other direct
communication (for example, phone call, email, or an in-person meeting). Customer is solely
responsible for providing the Notification Email Address and ensuring that the Notification Email
Address is current and valid.
(c)Third Party Notifications. Customer is solely responsible for complying with incident notification laws
applicable to Customer and fulfilling any third party notification obligations related to any Data
Incident.
(d) No Acknowledgement of Fault by Google. Google’s notification of or response to a Data Incident under this paragraph 3.3.2
(Data Incidents) will not be construed as an acknowledgement by Google of any fault or liability
with respect to the Data Incident.
3.3.3 Customer’s Security Responsibilities and Assessment.
(a)Customer’s Security Responsibilities. Customer agrees that, without
prejudice to Google’s obligations under paragraphs 3.3.1 (Google’s Security Measures and Assistance)
and 3.3.2 (Data Incidents):
(i)Customer is responsible for its use of the RDP Services, including: (1) making
appropriate use of the RDP Services to ensure a level of security appropriate to the risk in
respect of Customer Personal Data; and (2) securing the account authentication credentials,
systems and devices Customer uses to access the RDP Services; and
(ii)Google has no obligation to protect Customer Personal Data that Customer elects
to store or transfer outside of Google’s and its subcontractors’ systems.
(b)Customer’s Security Assessment. Customer acknowledges and agrees
that the Security Measures implemented and maintained by Google as set out in paragraph 3.3.1(a)
(Google’s Security Measures) provide a level of security appropriate to the risk in respect of
Customer Personal Data, taking into account the state of the art, the costs of implementation and
the nature, scope, context and purposes of the processing of Customer Personal Data as well as the
risks to individuals.
(c)Customer’s Audit Rights.
(i)Customer may conduct an audit to verify Google’s compliance with its obligations
under this Appendix 1B by requesting and reviewing (1) a certificate issued for security
verification reflecting the outcome of an audit conducted by a third party auditor (e.g., SOC 2
Type II or ISO/IEC 27001 certification or a comparable certification or other security
certification of an audit conducted by a third-party auditor agreed by Customer and Google)
within 12 months as of the date of Customer’s request and (2) any other information Google
determines is reasonably necessary for Customer to verify such compliance.
(ii)Alternatively, Google may, at its sole discretion and in response to a request
by Customer, initiate a third-party audit to verify Google’s compliance with its obligations
under this Appendix 1B. During such an audit, Google will make available to the third-party
auditor all information necessary to demonstrate such compliance. Where Customer requests such
an audit, Google may charge a fee (based on Google’s reasonable costs) for any audit. Google
will provide Customer with further details of any applicable fee, and the basis of its
calculation, in advance of any such audit. Customer will be responsible for any fees charged by
any third-party auditor appointed by Customer to execute any such audit.
(iii)Nothing in this Appendix 1B will require Google either to disclose to Customer
or its third-party auditor, or to allow Customer or its third-party auditor to access:
(1)any data of any other customer of a Google Entity;
(2)any Google Entity’s internal accounting or financial information;
(3)any trade secret of a Google Entity;
(4)any information that, in Google's reasonable opinion, could: (A) compromise
the security of any Google Entity’s systems or premises; or (B) cause any Google Entity to
breach its obligations under the US State Privacy Laws or its security and/or privacy
obligations to Customer or any third party; or
(5)any information that Customer or its third party auditor seeks to access for
any reason other than the good faith fulfillment of Customer’s obligations under the US
State Privacy Laws.
3.4Assistance with Impact Assessments. Google will (taking into account the
nature of the processing and the information available to Google) assist Customer in meeting Customer’s (or,
where Customer is a processor, the relevant controller’s) obligations relating to data protection impact
assessments and prior regulatory consultations to the extent required under the US State Privacy Laws by:
(a) providing the Security Documentation;
(b) providing the information contained in the Agreement (including this Appendix 1B); and
(c) providing or otherwise making available, in accordance with Google’s standard
practices, other materials concerning the nature of the RDP Services and the processing of Customer
Personal Data (for example, help center materials).
3.5Data Subject Rights.
3.5.1Responses to Data Subject Requests. If Google receives a request from
a data subject in relation to Customer Personal Data, Customer authorizes Google to, and Google hereby
notifies Customer that it will:
(a) respond directly to the data subject’s request in accordance with the standard
functionality of a tool (if any) made available by a Google Entity to data subjects that enables
Google to respond directly and in a standardized manner to certain requests from data subjects in
relation to Customer Personal Data (for example, online advertising settings or an opt-out browser
plugin) (“Data Subject Tool”) (if the request is made via a Data Subject Tool); or
(b) advise the data subject to submit their request to Customer, and Customer will be
responsible for responding to such request (if the request is not made via a Data Subject Tool).
3.5.2Google’s Data Subject Request Assistance. Google will assist Customer
in fulfilling its (or, where Customer is a processor, the relevant controller’s) obligations under the
US State Privacy Laws to respond to requests for exercising the data subject’s rights, in all cases
taking into account the nature of the processing of Customer Personal Data and by:
(a) providing the functionality of the RDP Services;
(b) complying with the commitments set out in paragraph 3.5.1 (Responses to Data
Subject Requests); and
(c) if applicable to the RDP Services, making available Data Subject Tools.
3.5.3 Rectification. If Customer becomes aware that any Customer Personal Data is
inaccurate or outdated, Customer will be responsible for rectifying or deleting that data if required by
the US State Privacy Laws, including (where available) by using the functionality of the RDP Services.
3.6Subcontractors.
(a) Customer generally authorizes Google to engage other entities as subcontractors in
connection with the provision of the RDP Services. When engaging any subcontractor, Google will:
(i) ensure via a written contract that: (1) the subcontractor only accesses and uses
Customer Personal Data to the extent required to perform the obligations subcontracted to it, and
does so in accordance with the Agreement (including this Appendix 1B); and (2) if the processing of
Customer Personal Data is subject to the US State Privacy Laws, ensure that the data protection
obligations in this Appendix 1B are imposed on the subcontractor;
(ii) when engaging any new subcontractors, provide notice of such new subcontractors
where required by US State Privacy Laws, and, where required by US State Privacy Laws, further
provide an opportunity for Customer to object to such subcontractors; and
(iii) remain fully liable for all obligations subcontracted to, and all acts and
omissions of, the subcontractor.
(b) Customer may object to any new subcontractor by terminating the Agreement for
convenience immediately upon written notice to Google, on condition that Customer provides such notice
within 90 days of being informed of the engagement of the new subcontractor as described in paragraph
3.6(a)(ii) herein.
3.7Contacting Google. Customer may contact Google in relation to the exercise
of its rights under this Appendix 1B via the methods described at privacy.google.com/businesses/processorsupport or via such other means as
may be provided by Google from time to time.
4. US State Privacy Law Terms
4.1Deidentified Data. With respect to Customer Personal Data processed with or
without Restricted Data Processing enabled, and to the extent that one or more of the US State Privacy Laws
applies to the processing of Customer Personal Data, each party will comply with the requirements for
processing Deidentified Data set out in the US State Privacy Laws, with respect to any Deidentified Data it
receives from the other party pursuant to the Agreement. For purposes of this paragraph 4.1 (Deidentified
Data), Customer Personal Data means any personal data that is processed by a party under the Agreement in
connection with its provision or use of the Controller Services.
5. Google’s CCPA Obligations.
5.1With respect to Customer Personal Data processed under Restricted Data Processing and to the
extent that CCPA applies to such processing of Customer Personal Data, Google will act as Customer’s service
provider, and as such, unless otherwise permitted for service providers under CCPA, as reasonably determined
by Google:
(a)Google will not sell or share any Customer Personal Data that it obtains from Customer
in connection with the Agreement;
(b)Google will not retain, use or disclose Customer Personal Data (including outside of the
direct business relationship between Google and Customer), other than for a business purpose under the
CCPA on behalf of Customer and the specific purpose of performing the RDP Services, as further described
in supporting documentation available at business.safety.google/rdp, as updated from
time to time;
(c)Google will not combine Customer Personal Data that Google receives from, or on behalf
of, Customer with (i) personal information that Google receives from, or on behalf of, another person or
persons or (ii) personal information collected from Google’s own interaction with a consumer, as further
described in supporting documentation available at business.safety.google/rdp except
to the extent permitted under CCPA;
(d)Google will process such Customer Personal Data for the specific purpose of performing
the RDP Services, as further described in the Agreement and supporting documentation (e.g., help center
articles), or as otherwise permitted under the CCPA, and the parties agree that Customer is making such
Customer Personal Data available to Google for such purposes;
(e)Google will allow audits to verify Google’s compliance with its obligations under this
Appendix 1B in accordance with paragraph 3.3.3(c) (Customer’s Audit Rights) herein;
(f)Google will notify Customer if Google makes a determination that it can no longer meet
its obligations under the CCPA. This paragraph 5.1(f) does not reduce either party’s rights and
obligations elsewhere in the Agreement;
(g)If Customer reasonably believes that Google is processing Customer Personal Data in an
unauthorized manner, Customer has the right to notify Google of such belief via the methods described at
privacy.google.com/businesses/processorsupport, and the parties will
work together in good faith to remediate the allegedly violative processing activities, if necessary;
and
(h)Google will comply with applicable obligations under CCPA and will provide the same
level of privacy protection as is required by CCPA.
5.2 With respect to Customer Personal Data processed without Restricted Data Processing
enabled, and to the extent that CCPA applies to the processing of Customer Personal Data:
(a)Google will process such Customer Personal Data for the specific purpose of performing
the Controller Services, as applicable, as further described in the Agreement and supporting
documentation (e.g., help center articles), or as otherwise permitted under the CCPA, and the parties
agree that Customer is making such Customer Personal Data available to Google for such purposes;
(b)Google will allow audits to verify Google’s compliance with its obligations under this
Appendix 1B in accordance with paragraph 3.3.3(c) (Customer’s Audit Rights) herein;
(c)Google will notify Customer if Google makes a determination that it can no longer meet
its obligations under the CCPA;
(d)If Customer reasonably believes that Google is processing Customer Personal Data in an
unauthorized manner, Customer has the right to notify Google of such belief via the methods described at
privacy.google.com/businesses/processorsupport, and the parties will
work together in good faith to remediate the allegedly violative processing activities, if necessary;
and
(e)Google will comply with applicable obligations under CCPA and will provide the same
level of privacy protection as is required by CCPA.
6. Changes to this Appendix 1B.
In addition to Section 7 of the Controller Terms (Changes to these Controller Terms), as applicable, Google
may
change this Appendix 1B without notice if the change (a) is based on applicable law, applicable regulation,
a
court order, or guidance issued by a governmental regulator or agency or (b) does not have a material
adverse
impact on Customer under the US State Privacy Laws, as reasonably determined by Google.
7. Subject Matter and Details of the Data Processing Under US State Privacy Laws
Subject Matter
Google’s provision of the RDP Services and any related technical support to Customer.
Duration of the Processing
The Term plus the period from the end of the Term until deletion of all Customer Personal Data by Google in
accordance with Appendix 1B
Nature and Purpose of the Processing
Google will process (including, as applicable to the RDP Services and the Instructions collecting, recording,
organizing, structuring, storing, altering, retrieving, using, disclosing, combining, erasing and
destroying)
Customer Personal Data for the purpose of providing the RDP Services and any related technical support to
Customer in accordance with Appendix 1B, or as otherwise permitted by processors under US State Privacy
Laws.
Types of Personal Data
Customer Personal Data may include the types of personal data described under the US State Privacy Laws.
Categories of Data Subjects
Customer Personal Data will concern the following categories of data subjects:
- data subjects about whom Google collects personal data in its provision of the RDP Services; and/or
- data subjects about whom personal data is transferred to Google in connection with the RDP Services
by,
at the direction of, or on behalf of Customer.
Depending on the nature of the RDP Services, these data subjects may include individuals: (a) to whom online
advertising has been, or will be, directed; (b) who have visited specific websites or applications in
respect of
which Google provides the RDP Services; and/or (c) who are customers or users of Customer’s products or
services.