Michael Brunet (michaelbrunet@tortintakeprofessionals.com)
2024-01-04 17:48:32

For IDEology:

Enterprise is TIP;

Do we have any issues making the representations below to Ideaology - these are part of a data protection agreement that goes along with the IDealogy MSA:

V. Enterprise Obligations. a. Enterprise’s Status. Enterprise shall be a Controller/Business with respect to all Enterprise Personal Information.

b. Representations and Warranties. Enterprise hereby represents and warrants the following: i. The Enterprise Personal Information has been and will continue to be collected, processed, transferred, and/or exported to IDology in accordance with Applicable Data Protection Law and Enterprise’s collection, processing, transferring, or exporting of Enterprise Personal Information shall not be in violation of any such law. ii. Prior to providing the Enterprise Personal Information to IDology:

  1. Enterprise has maintained an up-to-date privacy notice that is transparent and compliant with Applicable Data Protection Law;
  2. Enterprise has provided each consumer with and will continue to provide each consumer with a clear, conspicuous, easy to read and understandable notice informing the data subject about the personal information being collected, how such personal information will be shared, and any specific notice or notice on collection elements required by Applicable Data Protection Law;
  3. Enterprise has received the affirmative, unambiguous, and explicit consent from the data subject for the collection, export, and processing of his/her personal information by Enterprise, IDology, and any authorized subcontractor/Subprocessors for the Business Purposes;
  4. And where required under any applicable laws (including compliance with any applicable biometric data protection laws), Enterprise has (i) disclosed IDology as its processor for the Personal Information transferred under Section III, (ii) provided transparent disclosures of the processing and IDology’s role in the processing of the personal information transferred under Section III, and (ii) provided a link back to IDology’s privacy notice while Enterprise was obtaining consent from the consumer prior to the collection of the Personal Information;
  5. Where Enterprise has transferred Personal Information under Section IV in IDology’s capacity as a Controller/Business, it has disclosed to the data subject, IDology’s role as a Controller/Business for such services.

c. Retention of Evidence. Enterprise shall retain evidence of having acquired the necessary consents required under this Agreement and shall, on reasonable request from IDology, provide evidence in a machine portable manner.

Cameron Rentch (cameron@internetthings.com)
2024-01-04 18:13:06

@Michael Brunet we need to run this by David Klein I believe. We should be fine but let's check with him. Thank you

Joe Santana (jsantana@shield-legal.com)
2024-01-12 13:39:32

This was rec'd, will put on Radar, can not give it enough attention today, we have a number of major items rolling right now