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CONFIDENTIALITY POLICY

The purpose of this Confidentiality Policy is to define the terms and conditions under which Personal Data (hereinafter “Data”) and Cookies are processed.

GO DREAM Inc., which goes by the trade name GO DREAM, GODREAM HOLDING Aps and WONDERBOX SAS (hereinafter referred to collectively as “GO DREAM”) are concerned about the protection which is given to your Data and the way in which they may be processed on the Website www.godream.com (hereinafter the “Website”).

Insofar as the Data controller is located in France, GO DREAM undertakes to comply with several regulations. Thus, GO DREAM undertakes to ensure that these data are processing in compliance with data regulations in USA and in Europe (hereinafter the “Regulation”). Thereby, GO DREAM respects the American regulations, including California Consumer Privacy Act (hereinafter the “CCPA”); but also undertakes to respect European Regulation 2016/679 (hereinafter the “GDPR”) and French Data Protection Act no. 78-17 of the 6th of January 1978 (hereinafter the “Data Protection Act”), and Any use of the Website implies your unreserved acceptance and your full and complete adherence to this policy which takes precedence over any other document, apart from specific conditions expressly agreed to in writing by GO DREAM.

This Confidentiality Policy comes into force as of 12/07/2021. It cancels and replaces all earlier versions. GO DREAM reserves the right to modify it at any time by publishing a new version on the Website. We consequently invite you to visit this page regularly.

The invalidity of a clause does not entail the invalidity of the whole Confidentiality Policy. Temporary or permanent non-application of one or more clauses by GO DREAM may not be construed as a waiver on its part.

1 - DATA CONTROLLER

The Data Controller within the meaning of the GDPR is:

WONDERBOX SAS, a Simplified Joint Stock Company with capital of 10,279,961 Euros, whose head office is located at 71 rue Desnouettes, 75015 Paris, registered in the Paris Trade Register under number 508 244 548.

2 - NATURE OF THE DATA PROCESSED

During your use of the Website, certain Data are liable to be processed. This information is required by the CCPA and GDPR :

  • Data associated with your identity: Surname, first name, invoicing address, delivery address, email address, telephone number and date of birth
  • Connection data: IP address and login credentials
  • Order follow-up data: Product purchased, service performed, order history, opinions on the service, products consulted, use of a promotional code, means and costs of delivery, details of the purchase and gift voucher no.
  • Payment data: Mode of payment, payment card data and transaction no.
  • The subscription you have or have not taken out (newsletters, etc.)

The compulsory or optional nature of the data is indicated to you at the time of collection by an asterisk. Certain data are collected automatically due to your actions on the Website.

3 - PURPOSE OF DATA PROCESSING - STORAGE PERIOD

Purposes Storage period (information required by GDPR) Legal basis for processing data (information required by GDPR)

    1. Sending of GO DREAM newsletters, tips and commercial offers, together with loyalty-building, prospecting, product testing, advertising and promotion operations

    Three years from the time of collection or the last contact, in accordance with CNIL simplified standard no. NS-048.

    This processing is carried out on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR

    2. Sending of commercial offers from GO DREAM’s Partners

    Three years from the time of collection or the last contact, in accordance with CNIL simplified standard no. NS-048.

    This processing is carried out on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR

    3. Conducting of statistical studies and/or measuring of the audience, the number of page views or the number of Website visits

    13 months starting from the collection of the Data

    This processing is carried out (i) on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR or (ii) to fulfil our respective contractual obligations in accordance with Article 6 paragraph 1 b) of the GDPR

    4. Combating fraud

    Three years from the end of the commercial relationship for prospect customers and non-prospect customers in accordance with CNIL simplified standard no. NS-048, or three years from the occurrence of the default in the event of non-payment

    Outside of any order, this processing is carried out on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR. In the case of an order this processing is carried out in our legitimate interests (good governance) in accordance with Article 6 paragraph 1 f) of the GDPR.

    5. Fulfilment of an order placed on the Website and setting up of the order follow-up process

    Three years from the end of the commercial relationship for prospect customers and non-prospect customers in accordance with CNIL simplified standard no. NS-048. For contracts concluded by electronic means, the storage period is 10 years (art. D213-2 Of the French Consumer Code); the same applies for invoices (art. L123-22 of the French Commercial Code).

    This processing is necessary for the fulfilment of our respective contractual obligations in accordance with Article 6 paragraph 1 b) of the GDPR

    6. Credit card data

    The data are stored for 14 days in compliance with French Data Authority, CNIL Decision no. 2017-222 of the 20th of July 2017.

    This processing is necessary for the fulfilment of our respective contractual obligations in accordance with Article 6 paragraph 1 b) of the GDPR

    7. Handling of exchange or extension requests

    Three years from the end of the commercial relationship for prospect customers and non-prospect customers in accordance with CNIL simplified standard no. NS-048 (hereinafter “NS-048”).

    This processing is necessary for the fulfilment of our respective contractual obligations in accordance with Article 6 paragraph 1 b) of the GDPR

    8. Making available of a customer account on the Website (opening of your customer account, etc.)

    Three years from the end of the commercial relationship or the time of collection or the last contact made by the person concerned, in accordance with NS-048.

    This processing is necessary for the fulfilment of our respective contractual obligations, and the implementation of all pre-contractual measures in accordance with Article 6 paragraph 1 b) of the GDPR

    9. Personalising of the content of our Website and/or the advertising offers visible on our Website and/or those accessible when you browse on the Internet

    13 months starting from the collection of the Data

    This processing is carried out on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR

    10. Participation in loyalty-building programmes, competitions, etc.

    Three years from the time of collection or the last contact, in accordance with NS-048.

    This processing is necessary for the fulfilment of our respective contractual obligations in accordance with Article 6 paragraph 1 b) of the GDPR

    11. Locate Partners close the User of the Application so that he can identify them

    Data is not stored.

    This processing is carried out on the basis of your consent in accordance with Article 6 paragraph 1 a) of the GDPR

4 - RECIPIENTS OF PERSONAL DATA

The data collected on the Website are intended for WONDERBOX SAS and all the companies which it controls and/or GO DREAM’s Partners and subcontractors.

5 - DATA TRANSFER

As a matter of principle, we make sure that the Data are not transferred outside the USA and European Union or within a country which has not been subject to an adequacy decision by the European Commission.

However, transfers outside the European Union may be carried out in particular in the context of the following activities:

  • Customer relationship
  • Use of data in social media
  • Computer services

In such cases, GO DREAM puts the appropriate safeguards in place in accordance with Article 46. 2. d) of the GDPR by introducing standard European Commission contractual clauses.
In application of Article 13.1 f) of the GDPR, the appropriate safeguards are made available below in Article 13 of this Confidentiality Policy.

6 - MODES OF COLLECTION OF PERSONAL DATA

Your Data may be collected when:

  • you create your customer account in “Your Personal Space”;
  • you place an order on our Website;
  • you take part in a game or a competition;
  • you browse on our Website and consult Products;
  • you contact our customer service department;
  • you write a comment.

7 - CONSENT OF MINORS

To comply with the Regulations intended to protect minors, GO DREAM does not collect or process minors’ Data.

The services available on this Website are thus intended for people over the age of 18. Any person under the age of 18 wishing to place an order or create an account must ask his/her legal representative to do it for him/her.

8 - COOKIES

8.1 POLICY CONCERNING USE OF COOKIES

When you consult the Website, cookies are placed on your computer, your mobile phone, or your tablet. Our Website is designed to be attentive to our customers’ needs and expectations. It is for this reason among other things that we use cookies in order for example to identify you and access your account. This page allows you to better understand how cookies work and how to configure them.

8.2 DEFINITION OF A COOKIE

A cookie is a text file placed on your computer when you visit a Website or consult an advertisement. Its purpose is to collect information concerning your browsing and to send you services appropriate for your terminal (computer, mobile phone, or tablet). Cookies are managed in particular by your Web browser.

8.3 THE VARIOUS ISSUERS

Website cookies: these are the cookies placed by godream.com on your terminal to meet browsing, optimisation and service customisation needs on the Website.

Third party cookies: these are the cookies placed by third-party companies (for example partners) to identify your areas of interest and if necessary personalise the advertising which is addressed to you on and outside the Website.

They may be deposited Website when you browse on the Website or when you click in the Website’s advertising spaces.

8.4 CHANGING THE CONFIGURATION OF THE COOKIES

Technical cookies - essential to the functioning of the godream.com

These cookies are essential for browsing on the Website. They allow you to use the main functions of the Website and make your connection secure.

Functional cookies

These cookies are essential for your browsing because they allow you to be given access to the Website’s temporary functions (memorising your shopping cart or your login information for example). They also enable you to adapt the Website’s graphic rendering to your terminal’s display preferences. These cookies thus allow you to enjoy fluid and customised navigation. They are stored for 24 hours and do not require any consent on your part.

In addition, these cookies provide us with information on the use and performances of our Website and allow us to establish statistics concerning volumes of traffic and use of the various elements of our Website (contents visited and browsing paths) enabling us to make our services more interesting and user-friendly (most frequently consulted pages or sections, most read articles, etc.). We also use cookies to count the visitors to a page.
Occasionally, cookies may be deposited in order to measure the effectiveness of advertising campaigns conducted by GO DREAM based on aggregated and anonymous statistical data.

Optional functional cookies

This concerns the same functional cookies which will be stored for a longer period, at most 13 months, if you agree to this.

Cookies for personalised contents on our Website

These are the cookies used to offer you personalised contents on our Website and reward your loyalty (for example: sponsorship programme). Refusing these cookies has no impact on the use of our Website.

Advertising cookies on other Websites

These are the cookies used to present you with information suited to your areas of interest when you browse on the Internet. Refusing these cookies has no impact on the use of our Website. However, refusing advertising cookies will not stop advertising during your browsing. It will only have the effect of displaying advertising which will not take into account your areas of interest or your preferences when you browse on the internet.

The cookies deposited by advertising organisations enable anonymous identification of Internet users. The navigation data sent back is information which is not identifiable personally such as URLs of pages visited, key words used in the search engines or interactions with advertisements.

Such cookies may also be cookies from GO DREAM’s partners who identify Internet users who have visited our Website and subsequently send commercial offers. This may take the form of an email, even if you have not indicated your email address to GO DREAM. Such processing involves service providers specialising in retargeting who have obtained your email address from their partners, together with your consent to authorise the sending of advertising.

CONFIGURE COOKIES

9- HYPERTEXT LINKS

The Website may contain certain links to other Websites whose content is outside our control and not covered by this Confidentiality Policy. We are not responsible for the content of the Websites thus presented, or for the way in which your Data will be collected and processed on them.

10 - SECURITY OF PERSONAL DATA

We undertake to take the necessary steps to ensure the security of the Data. This means appropriate technical and organisational steps to guarantee a suitable level of security. These steps may include:

  • pseudonymisation and encryption of the Data;
  • means of guaranteeing the constant confidentiality, integrity, availability and resilience of the processing systems and services;
  • means of restoring the availability of the Data and access to them within appropriate times in the event of a physical or technical incident;
  • a procedure aimed at testing, analysing and regularly evaluating the effectiveness of the technical and organisational measures to ensure the security of the processing

  • With this aim in mind, we ask you to keep your password confidential and not to communicate it to anyone. You remain responsible for any problem resulting from failure to maintain the confidentiality of the password which we have chosen for you to access your account.

    For payment requirements, the payment card details are collected by our Payment service provider (hereinafter ”PSP”), which will be the sole recipient of the Data collected and responsible for their storage. The Data are thus stored on the PSP servers and are at no time sent to the GO DREAM servers. PSP is responsible for the authorisation request to the bank and sends us the transaction number enabling the operations. PSP stores the associated Data for the time necessary for the conducting of the transaction and exercising of the right of withdrawal.

    11- RIGHTS CONCERNING YOUR PERSONAL DATA

    In accordance with the Regulations, notably under the CCPA and the GDPR, you have a right to access, delete and transfer the Data concerning you and to oppose or restrict their processing.

    At any time during your browsing on the Website you can access your Data via your customer space, correct your data if your situation has changed, or oppose our collection of your data for prospecting purposes.

    However, certain data are essential for the processing of your order. If these Data are not collected, we will not be able to fulfil your order.

    Lastly, you can also exercise your rights at any time. Simply send us your request, indicating to us your surname, first name, e-mail address and postal address, by mail to the following address:


    GO DREAM

    27W 20th street #800

    10011 NY
    New york

    In accordance with the Regulations in force, your request must be signed and accompanied by proof of identity enabling it to be checked that the request comes from the person concerned. A reply will then be sent to you within one month of receipt of the request. If necessary, this period may be extended by two months due to the complexity of the request or on account of the number of requests.

    You may also exercise your rights by making your request via the contact form accessible in the “Contact Us” tab

    In addition, in application of the CCPA (for consumers to which it applies), GO DREAM will not sell Data. Furthermore, GO DREAM will not discriminate against any consumer for the exercise of their rights under the CCPA.

    12 -DATA PROTECTION OFFICER

    The GO DREAM Data Protection Officer (hereinafter the “DPO”) can be contacted by mail at the following address:


    DPO - WONDERBOX

    71 rue Desnouettes

    75015 Paris


    You also have the possibility of contacting the DPO by sending your request via the contact form accessible in the “Contact Us” tab.

    13 - APPROPRIATE GUARANTEES

    STANDARD CONTRACTUAL CLAUSES APPLICABLE TO SUBCONTRACTORS CARRYING OUT TRANSFERS OUTSIDE THE EU

    « HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.

    Clause 1 Definitions

    For the purposes of the Clauses:

    a) ‘personal data’, ‘special categories of data’, ‘process/processing’, ‘controller’, ‘processor’, ‘data subject’ and ‘supervisory authority’ shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1);

    b) ‘the data exporter’ means the controller who transfers the personal data;

    c) ‘the data importer’ means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country’s system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

    d) ‘the sub-processor’ means any processor engaged by the data importer or by any other sub-processor of the data importer who agrees to receive from the data importer or from any other sub-processor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

    e) ‘the applicable data protection law’ means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

    f) ‘technical and organisational security measures’ means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

    Clause 2 Details of the transfer

    The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

    Clause 3 Third-party beneficiary clause

    1. The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.

    2. The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.

    3. The data subject can enforce against the sub-processor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.

    4. The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

    Clause 4 Obligations of the data exporter

    The data exporter agrees and warrants:

    a) that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

    b) that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;

    c) that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

    d) that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

    e) that it will ensure compliance with the security measures;

    f) that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

    g) to forward any notification received from the data importer or any sub-processor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

    h) to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;

    i) that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

    j) that it will ensure compliance with Clause 4(a) to (i).

    Clause 5 Obligations of the data importer (2)

    The data importer agrees and warrants:

    a) to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

    b) that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

    c) that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

    d) that it will promptly notify the data exporter about:

    i) any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;

    ii) any accidental or unauthorised access; and

    iii) any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

    e) to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

    f) at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

    g) to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

    h) that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;

    i) that the processing services by the sub-processor will be carried out in accordance with Clause 11;

    j) to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.

    Clause 6 Liability

    1. The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or sub-processor is entitled to receive compensation from the data exporter for the damage suffered.

    2. If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his sub-processor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter, unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity.

    The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its own liabilities.

    3.If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the sub-processor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the sub-processor agrees that the data subject may issue a claim against the data sub-processor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the sub-processor shall be limited to its own processing operations under the Clauses.

    Clause 7 Mediation and jurisdiction

    1. The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

    a) to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

    b) to refer the dispute to the courts in the Member State in which the data exporter is established.

    2. The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

    Clause 8 Cooperation with supervisory authorities

    1. The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.

    2. The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any sub-processor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.

    3.The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any sub-processor preventing the conduct of an audit of the data importer, or any sub-processor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5(b).

    Clause 9 Governing law

    The Clauses shall be governed by the law of the Member State in which the data exporter is established, namely…

    Clause 10 Variation of the contract

    The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

    Clause 11 Sub-processing

    1.The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on the data importer under the Clauses (3). Where the sub-processor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the sub-processor’s obligations under such agreement.

    2.The prior written contract between the data importer and the sub-processor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the sub-processor shall be limited to its own processing operations under the Clauses.

    3.The provisions relating to data protection aspects for sub-processing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established, namely …

    4. The data exporter shall keep a list of sub-processing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5(j), which shall be updated at least once a year. The list shall be available to the data exporter’s data protection supervisory authority.

    Clause 12 Obligation after the termination of personal data-processing services

    1. The parties agree that on the termination of the provision of data-processing services, the data importer and the sub-processor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.

    2. The data importer and the sub-processor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data-processing facilities for an audit of the measures referred to in paragraph 1.”

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