Common use of LGPD Clause in Contracts

LGPD. (i) Without limiting any of Company’s obligations under Section 8.2(a) hereof or Section 8.2(b) hereof: (A) If any of the Company Supplied Data constitutes LGPD Personal Data (such Company Supplied Data, “Company Supplied LGPD Personal Data”), then, with respect to Company Supplied LGPD Personal Data, Company is the data “controller” that transfers such Company Supplied LGPD Personal Data, and ID5 is a data “controller” that agrees to receive such Company LGPD Personal Usage Data for further processing in accordance with this Agreement (including, without limitation, Section 8.1(b) hereof); and (B) Company will not provide or make available to ID5 any Company Supplied LGPD Personal Data or any other LGPD Personal Data unless Company has obtained all applicable data subjects’ consent with respect to such provision and ID5’s contemplated processing thereof in compliance with LGPD and all other Applicable Laws. (ii) Without limiting any of either Party’s obligations under Section 8.2(a) hereof or any of Company’s obligations under Section 8.2(b) hereof, ID5 will not collect or process Usage Data that constitutes LGPD Personal Data hereunder without a lawful basis for such collection or processing. (iii) To the extent that the provision and/or use of the ID5 ID Site Offering involves any transfer of LGPD Personal Data outside Brazil, each Party agrees that: (A) if it is the transferring Party, such transfer will be made in compliance with LGPD and all other Applicable Laws; and (B) each such transfer between the Parties will be deemed subject to a version of the EU Standard Clauses, modified to reflect Brazil as the originating jurisdiction and LGPD Personal Data as “personal data” thereunder (“Brazil Standard Clauses”), with the transferring Party (on its own behalf and on behalf of its Affiliates) as the “data exporter” and the transferee Party (on its own behalf and on behalf of its Affiliates) as the “data importer”, and such Brazil Standard Clauses shall be deemed incorporated herein with respect to each such transfer.

LGPD. (i) Without limiting any of Company’s obligations under Section 8.2(a3.1(b) hereof or Section 8.2(b3.3(a) hereof: (A) If any of the Company Supplied Data constitutes LGPD Personal Data (such Company Supplied Data, “Company Supplied LGPD Personal Data”), then, with respect to Company Supplied LGPD Personal Data, Company is the data “controller” that transfers such Company Supplied LGPD Personal Data, and ID5 is a data “controller” that agrees to receive such Company LGPD Personal Usage Data for further processing in accordance with this Agreement (including, without limitation, Section 8.1(b) hereof); and (B) Company will not provide or make available to ID5 any Company Supplied LGPD Personal Data or any other LGPD Personal Data unless Company has obtained all applicable data subjects’ consent with respect to such provision and ID5’s contemplated processing thereof in compliance with LGPD and all other Applicable Laws. (ii) Without limiting any of either PartyID5’s obligations under Section 8.2(a3.1(b) hereof or any of Company’s obligations under Section 8.2(b3.1(b) hereof or Section 3.3(a) hereof, ID5 will not collect or process Usage Data that constitutes LGPD Personal Data hereunder without a lawful basis for such collection or processing. (iii) To the extent that the provision and/or use of the ID5 ID Site Offering involves any transfer of LGPD Personal Data outside Brazil, each Party agrees that: (A) if it is the transferring Party, such transfer will be made in compliance with LGPD and all other Applicable Laws; and (B) each such transfer between the Parties will be deemed subject to a version of the EU Standard Clauses, modified to reflect Brazil as the originating jurisdiction and LGPD Personal Data as “personal data” thereunder (“Brazil Standard Clauses”), with the transferring Party (on its own behalf and on behalf of its Affiliates) as the “data exporter” and the transferee Party (on its own behalf and on behalf of its Affiliates) as the “data importer”, and such Brazil Standard Clauses shall be deemed incorporated herein with respect to each such transfer.