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7. Your Representations and Warranties

You represent and warrant to Dailymotion that:

You have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights and authorizations necessary to allow us to provide You with the Processing Services including, when applicable, Data Subjects’ consent;

all instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as described in the present DPA and, in particular, in its Section 3.1. are in conformity with the Applicable Data Protection Laws and, if You act in capacity of a Data Processor for another Data Controller, are compatible with any instructions You have received from such Data Controller. In particular, You warrant that You have been authorized to designate us as a Data Sub-Processor;

the Third-Party Personal Data has been collected and is processed in compliance with the Applicable Data Protection Law;

You have obtained the consent of the Data Subjects or have established an alternative legal basis for the collection and Processing of the said Third-Party Personal Data and You undertake to produce evidence of such consent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent authorities.

To that end, You undertake to defend and indemnify Dailymotion against any and all claims, costs, fines, reasonable attorney fees, or other expenses incurred in relation to the availability on our Service of Your Content integrating Third-Party Personal Data.

6. Data Subjects Rights

As a Data Controller, it is Your responsibility to inform Data Subjects about the details of the Processing operations and to respond to their requests relating to the exercise of privacy rights (such as: right to information, access, rectification,  erasure, restriction of processing, objection and portability) they benefit from under the Applicable Data Protection Laws (“Data Subject Request”).

In this regard:

Dailymotion shall:

– Communicate to You, as soon as possible, any Data Subject Request received by us (except where such communication is prohibited by the competent authorities); and

– Assist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the Data Subject Requests. Note that Dailymotion reserves the right to charge You for all reasonable costs and expenses related to assisting You with such requests.

You hereby instruct Dailymotion, acing on Your behalf, to:

– Receive Data Subject Requests;

– Proceed with the verification of whether a received request is a valid Data Subject Request under the Applicable Data Protection Laws, and in particular:

– proceed with the reasonable verification of requestors’ identity; including, when necessary, through the verification of their IDs;

– request from Data Subjects any addition information or documents reasonably necessary for that verification;

– Not to reply to Data Subject Requests on Your behalf other than by informing Data Subjects about the applicable procedures and, in particular, You being the Data Controller responsible for answering Data Subject Requests and Dailymotion being Your Data Processor whose role is limited to that of an intermediary between a requestor (i.e. a Data Subject) and You (i.e. the Data Controller);

– Transfer Your replies to Data Subjects and receive their communication addressed to You and that, in particular, when Data Subjects do not wish to provide their contact details to You.

You shall:

– respond to Data Subject Requests within the timeframes set forth in the Applicable Data Protection Laws;

– notify Dailymotion of Your response to each Data Subject Request including, if applicable, when You invoke an extension of the time to respond;

– not use any information transmitted by Dailymotion for purposes other than replying to Data Subject Requests and for a period longer than justified by that purpose or otherwise authorized by Applicable Data Protection Laws. In particular, if applicable, You shall proceed with destruction of any copies of communicated Data Subjects’ IDs upon completion of the verification of Data Subjects’ identity.

You agree that:

– Dailymotion will communicate with You using the email address associated with Your Dailymotion Account and/or any other email address communicated therefor to the Dailymotion’s DPO;

– Dailymotion may share Your email address and/or any other contact information provided within Your Account (ex. the postal address) or otherwise accessible to us (ex. the url of Your website) with the Data Subjects as a Data Controller’s contact address. Should You wish to designate any contact information different from what is recorded in Your Dailymotion Account, You should do so by contacting the Dailymotion’s DPO;

– Dailymotion will proceed, on Your behalf, with the reasonable verification of Data Subjects’ identity, including, when necessary, through verification of Data Subjects’ IDs;

– You will not challenge the results of Data Subject identity verification undertaken by Dailymotion and, in particular, You will not ask for copies of Data Subjects’ IDs, unless needed for a valid and documented reason complying with the data minimization and data security principles;

– Data Subjects may refuse to communicate their direct contact details to You, in which case You agree to us acting as an intermediary for the purpose of Your communication with Data Subjects.

In the absence of a timely notification from You informing us about your reply to Data Subject Request, You authorize Dailymotion to proceed with the removal of Your Content from the Dailymotion Service.

In the event that a Data Subject claims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under the Applicable Data Protection Laws) or that of a minor, You authorize Dailymotion to immediately disable access to Your Content pending Your response to the Data Subject Request.

Note that process applicable to Data Subjects Requests is separate and in addition to any other content removal process described under the Terms (ex. removal of Your Content because it violates copyright law).

4. Security and Confidentiality of Third-Party Personal Data

Dailymotion has implemented and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within Your Content (ex. aimed at preventing unintended destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the Dailymotion Service is not a storage service and that You should take all necessary precautions to backup and preserve Your Content. Dailymotion does not assume any liability for the loss of the said files.

Dailymotion undertakes to implement the following organizational measures and ensures their respect by its staff and its Sub-Processors :

ensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the delivery of the Services are aware of, trained and organized to provide sufficient guarantees of security and confidentiality with respect to Third-Party Personal Data; and

implement access and authorization management rules such as:

centralized management of access rights,

gradation of access and use rights,

periodic reviews.

take all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party Personal Data.

In addition, the main technical measures currently implemented by Dailymotion are as follows:

network segmentation and filtering between zones,

multi-factor authentication,

event log, collection and centralization of logs,

anti-virus,

management of security patches,

security / flow encryption (SSL),

Internal PKI,

Encryption of data in transit and at rest,

bug-bounty program,

application of anonymization and pseudonymization techniques (ex. tokenization, aggregation, hashing, etc.),

periodic re-certification of accounts (periodic review of access rights),

peer-to-peer code review (development methodology),

periodic security audits (architecture, configuration, code, intrusion tests, etc.).

In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware, Dailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your Dailymotion Account (or any other email address communicated to Dailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your Dailymotion Account). Dailymotion will cooperate with You, should You choose to notify the Supervisory Authority or an affected Data Subjects of the Third-Party Personal Data Breach. Please note that the competent Supervisory Authority under this DPA is the CNIL.

Furthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data. You understand and agree that the reasonable costs of our assistance, if any, will be at Your expense.

3.3. Categories of Data Subjects

The Data Subjects of this Processing are individuals whose Third-Party Personal Data is incorporated into Your Content.

3.2. Duration of the Processing

The Processing of Third-Party Personal Data is undertaken on a continuous basis and will last until Your Content is removed for any reason whatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by Dailymotion pursuant to the present Terms). Note that despite the removal (i.e. unavailability of Your Content) for technical reasons related to the Dailymotion Service the video files and/or metadata associated with Your Content may remain in our systems for up to 1 month. Longer retention periods of Your Content or of its specific elements (ex. metadata) may be applied if required or authorized under applicable laws (ex. Content removed following a moderation decision is retained or a period of 12 months) and, in particular, if necessary to establish, exercise or defend legal claims.

3.1. Purposes of the Processing and Description of the Processing Services

3.1.a. Purposes of the Processing

As a User of the Dailymotion Service, You make Content available on the Dailymotion Service, and such Content may incorporate Third-Party Personal Data.

Dailymotion processes Third-Party Personal Data in order to enable You to use the Dailymotion Service and, in particular, store and communicate Your Content using our Service features.

By uploading Content onto the Dailymotion Service, You may use the Dailymotion Service’s technical features for the following purposes:

Storing Your Content, and consequently Third-Party Personal Data that may be incorporated within Your Content, on the Dailymotion Service;

Making Your Content (and any associated Third-Party Personal Data) available to the public;

Managing the availability to the public of the Third-Party Personal Data incorporated in Your Content, by using the content management tools available on our Service (ex. deciding to place the Content under public or private mode) and Service features (ex. content recommendation, content-categorization, etc.).

Dailymotion does not collect Third-Party Personal Data nor has any prior knowledge of the presence of Third-Party Personal Data within Your Content.