Last updated: August 11, 2021
WHEREAS, you wish to instruct Comeet to activate a feature that allows you to transfer your data (including, personal data) to Third Parties (as defined below) engaged by you;
WHEREAS, Comeet agrees, subject to your acceptance to these Terms, to provide such feature to you (the “Programmatic Export feature”); and
NOW, THEREFORE, in consideration of the foregoing and these Terms, each Party hereto agrees that the Agreement is hereby supplemented as follows:
1. Applicability of these Terms
The Agreement and these specific Terms shall at all times govern and apply to the Programmatic Export feature, even if you have executed or signed another agreement with Comeet, which limits the applicability of these Terms to you through an “Entire Agreement” or similar clause. To the extent of any conflict or inconsistency between the Agreement and these Terms, these Terms shall prevail.
2. Third Party Recipients
3. Your Representations
While using the Programmatic Export feature, you (and anyone acting on your behalf) shall represent, warrant and covenant that: (i) your use the Programmatic Export feature (including, the Content that you decide to share via the Programmatic Export feature) shall be only (a) in a lawful manner and in compliance with any and all applicable laws, including, without limitation, privacy laws; (b) in accordance with these Terms and the Agreement; (c) in a manner that does not infringe, misappropriate or otherwise violate any of Comeet’s rights or those of any other person or entity; and (d) in a manner consistent with Comeet’s policies; (ii) you are solely responsible and liable to comply with your own obligations under privacy laws, including, without limitation, transparency requirements, to have a legal basis, legal ground and/or authorization of the data subjects to collect their data and to instruct Comeet to share such data with Third Parties and/or to execute the relevant data-agreements with such Third Parties (when required to you under applicable privacy laws) and (iii) you shall only share with Comeet correct and accurate details of the credentials of Third Parties. You are solely responsible and liable to ensure that any Third Party network, operating system, servers, databases, and computer systems for which you instruct Comeet to transfer Content (through the Programmatic Export) is properly configured to secure such Content.
4. Term and Termination
These Terms shall commence upon your acceptance of these Terms and shall terminate with/upon the earlier of (i) the expiration or termination of the Agreement (subject to the relevant terms thereof) or (ii) five (5) business days after you receive the confirmation of a Comeet representative with respect to your notification sent to email@example.com by you expressing your decision to deactivate the Programmatic Export feature. Notwithstanding anything to the contrary, this section and the following provisions of these Terms shall survive 1, 2 and 3.