This DTA is incorporated into the Agreement between G2 and Customer. Undefined capitalized terms have the meanings in the Agreement or applicable data protection laws (“Privacy Laws”), including equivalent terminology. Each party will comply with Privacy Laws.
1. Scope. This DTA governs Personal Data G2 transfers to Customer, each an Independent Controller, as follows:
| Parties | Exporter: G2.com, Inc, 100 South Wacker Drive, Suite 600, Chicago IL, 60606 |
| Importer: Customer, as identified in Service Order | |
| Data Subject + Personal Data (as applicable) | Leads: First + last name, email, number, employer of website users Reviews: First name + last initial of website users |
| Sensitive Data Transferred | None intended |
| Frequency of the Transfer | Continuous |
| Nature/Purpose of Processing | To provide/receive the Services |
| Duration of Processing | As set forth in Section 8 |
Customer is solely responsible for its Processing, and must promptly notify legal@g2.com of any inability to comply with this DTA or if there are additional legal requirements. In the case of noncompliance, Customer must cease affected Processing, and allow G2 to suspend all or part of the Services without penalty. Customer must not sell or share Personal Data, use it for cross-context behavioral advertising, combine it with unrelated data, use it incompatibly, or aggregate, deidentify or anonymize it. For Personal Data subject to the California Consumer Privacy Act (“CCPA”), Customer acts as a third party and must: (a) use Personal Data only for the limited purposes in the Agreement and this DTA, (b) provide the level of protection required by the CCPA, (c) honor opt-out or restriction instructions from G2, and (d) allow G2 to take reasonable steps to verify compliance, and to stop and remediate unauthorized use.
3. Security.Customer must maintain, at its expense, risk-appropriate safeguards for the Personal Data, before receipt and throughout Processing. Customer must notify security@g2.com without undue delay upon awareness of a Personal Data breach, providing available details of the nature of the incident, timing, affected data and individuals, likely affects, mitigation, and contact information that G2 can use to get more information from Customer about the breach, and prompt updates. Customer must contain and remediate the breach, preserve evidence, assist G2, and reimburse G2’s reasonable investigation, response, and notification costs.
4. Data Subject Request.Each party must handle requests relating to its Processing and reasonably assist the other. Customer must promptly forward requests concerning G2’s Processing to privacy@g2.com and assist with meeting applicable deadlines.
5. International Transfers.International transfer must use a lawful mechanism, and comply as follows:
5.1. Data Privacy Framework (“DPF”). Where applicable, transfers rely on the EU-U.S. DPF, its UK Extension, and the Swiss-U.S. DPF.
5.2. EU Transfers. If EU DPF does not apply, the parties incorporate and agree to EU’s Standard Contractual Clauses (“EU SCCs”) as follows:
|
Module |
Module 1 (Controller to Controller) |
|
Clause 7 (Docking Clause) |
Option is not included |
|
Clause 11 (Redress) |
Option is not included |
|
Clause 13 (Supervision) |
Irish Data Protection Commission |
|
Clause 17 (Governing Law) |
Ireland |
|
Clause 18 (Choice of Forum and Jurisdiction) |
Ireland |
|
Annex I.A (List of Parties) |
See Section 1 |
|
Annex I.B (Description of the Transfer) |
See Section 1 |
|
Annex I.C (Competent Supervisory Authority) |
Irish Data Protection Commission |
|
Annex II (Technical & Organisational Measures) |
The parties shall maintain appropriate measures |
5.3. Swiss Transfers. If Swiss-U.S. DPF does not apply, EU SCCs apply, substituted for Swiss Federal Act on Data Protection references, Swiss Federal Data Protection and Information Commissioner under Annex I.C, and Switzerland under Clauses 17 and 18.
5.4. UK Transfers. If the UK Extension does not apply, the parties incorporate and agree to the UK International Data Transfer Addendum to the EU SCCs as follows:
|
Table 1: Start Date |
Effective Date |
|
Table 1: Parties |
See Section 1 |
|
Table 2: Addendum EU SCC |
Module 1 (Controller-Controller) of the EU SCCs apply |
|
Table 3: Appendix Information |
See Section 5.2 |
|
Table 4: Ending Addendum |
Exporter |
|
Mandatory Clauses |
Incorporated; ‘Alternative Part 2 Mandatory Clauses’ not selected |
5.5. Other Transfers. Other restricted transfers require a mechanism permitted by Privacy Laws.
6. Retention.Customer must securely delete Personal Data when no longer needed for permitted purposes or the Service ends, unless law requires retention. Retained data remains protected by this DTA and may be used only for the required retention purpose. On request, Customer must confirm deletion in writing.
7. Precedence and Updates.The following order of precedence applies to interpretation of this DTA: (a) mandatory requirements of Privacy Laws, (b) this DTA, and (c) the Agreement. G2 may update this DTA, but will not materially reduce protections.
8. Term.This DTA begins on the Effective Date and continues until the earlier of the termination of the Agreement or Customer’s Processing of Personal Data.