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).
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