Common use of Additional Measures Clause in Contracts

Additional Measures. The parties agree that the following measures will apply in case that Aircall receives a Regulatory Action consisting in a legally binding order from any public authority of a third country described in Section 6.2 hereof for disclosure of Personal Data, whereby for these situations, this Section 6.4 prevails over the procedure agreed by the parties in Section 4.3 hereof: a) Aircall shall: a. Inform the requesting public authority of the incompatibility of the Regulatory Action with the safeguards contained in the DPA and the resulting conflict of obligations for Aircall; b. Notify, to the extent legally permitted, the Customer simultaneously and as soon as possible; c. Review the legality of such Regulatory Action, including whether it remains within the powers granted to the requesting public authority; d. Challenge the Regulatory Action if, after a careful assessment, ▇▇▇▇▇▇▇ concludes that there are grounds under the law of the country of destination to do so; e. When challenging the Regulatory Action, ▇▇▇▇▇▇▇ shall seek interim measures to suspend the effects of the order until the court has decided on the merits; f. Not disclose the Personal Data requested until required to do so under the applicable procedural rules; and g. Disclose the minimum amount of information permissible when responding to the Regulatory Action, based on a reasonable interpretation of the order; b) The Customer or its independent third-party auditor may conduct audit or inspection of the data processing facilities of Aircall, on-site and/or remotely, to verify if Personal Data was disclosed and under which conditions; and c) Each party is entitled to unilaterally terminate this DPA and the Agreement in good will with immediate effect by giving written notice to the other Party.

Additional Measures. The parties agree that the following measures will apply in case that Aircall receives a Regulatory Action consisting in a legally binding order from any public authority of a third country described in Section 6.2 hereof for disclosure of Personal Data, whereby for these situations, this Section 6.4 prevails over the procedure agreed by the parties in Section 4.3 hereof: a) Aircall shall: a. Inform the requesting public authority of the incompatibility of the Regulatory Action with the safeguards contained in the DPA and the resulting conflict of obligations for Aircall; b. Notify, to the extent legally permitted, Notify the Customer simultaneously and as soon as possible; c. Review the legality of such Regulatory Action, including whether it remains within the powers granted to the requesting public authority; d. Challenge the Regulatory Action if, after a careful assessment, ▇▇▇▇▇▇▇ Aircall concludes that there are grounds under the law of the country of destination to do so; e. When challenging the Regulatory Action, ▇▇▇▇▇▇▇ Aircall shall seek interim measures to suspend the effects of the order until the court has decided on the merits; f. Not disclose the Personal Data requested until required to do so under the applicable procedural rules; and g. Disclose the minimum amount of information permissible when responding to the Regulatory Action, based on a reasonable interpretation of the order; b) The Customer or its independent third-party auditor may conduct audit or inspection of the data processing facilities of Aircall, on-site and/or remotely, to verify if Personal Data was disclosed and under which conditions; and c) Each party is entitled to unilaterally terminate this DPA and the Agreement in good will with immediate effect by giving written notice to the other Partyeffect.

Additional Measures. The parties agree that the following measures will apply in case that Aircall receives a Regulatory Action consisting in a legally binding order from any public authority of a third country described in Section 6.2 hereof for disclosure of Personal Data, whereby for these situations, this Section 6.4 prevails over the procedure agreed by the parties in Section 4.3 hereof: a) Aircall shall: a. Inform the requesting public authority of the incompatibility of the Regulatory Action with the safeguards contained in the DPA and the resulting conflict of obligations for Aircall; b. Notify, to the extent legally permitted, Notify the Customer simultaneously and as soon as possible; c. Review the legality of such Regulatory Action, including whether it remains within the powers granted to the requesting public authority; d. Challenge the Regulatory Action if, after a careful assessment, ▇▇▇▇▇▇▇ concludes that there are grounds under the law of the country of destination to do so; e. When challenging the Regulatory Action, ▇▇▇▇▇▇▇ shall seek interim measures to suspend the effects of the order until the court has decided on the merits; f. Not disclose the Personal Data requested until required to do so under the applicable procedural rules; and g. Disclose the minimum amount of information permissible when responding to the Regulatory Action, based on a reasonable interpretation of the order; b) The Customer or its independent third-party auditor may conduct audit or inspection of the data processing facilities of Aircall, on-site and/or remotely, to verify if Personal Data was disclosed and under which conditions; and c) Each party is entitled to unilaterally terminate this DPA and the Agreement in good will with immediate effect by giving written notice to the other Partyeffect.