APPENDIX B – Data Protection Annex

PREAMBLE

When You make available Content on the Dailymotion Service, Your Content may include personal data of third-parties (e.g. images, voice recordings, names, etc.) (hereafter “Third-Party Personal Data”). Since You control the Content You make available on the Dailymotion Service, You alone determine the purposes and means of the Processing of Third-Party Personal Data that may be included therein.

The Processing of Third-Party Personal Data is governed by the Applicable Data Protection Laws, as defined below. It is explicitly confirmed that nothing in the present DPA shall be interpreted as extending the statutory scope of any of the Applicable Data Protection Laws and that the present DPA applies only to the extent necessary to ensure compliance with each of the Applicable Data Protection Laws.

The present Appendix (“DPA“) is applicable to the Processing of Third Party Personal Data included in Your Content, per which:

You are the Data Controller (within the meaning of the Applicable Data Protection Law) for the Processing of such Third-Party Personal Data, and

Dailymotion is Your Data Processor.

Note that if you act on behalf of a third party Data Controller, you are a Data Processor and Dailymotion is Your Sub-Processor.

We remind you that as a Data Controller, it is Your responsibility to Process Third Party Personal Data in conformity with the Applicable Data Protection Laws and in particular, to establish the existence of a legal basis applicable to the Processing of Third-Party Personal Data incorporated in Your Content, be it consent, legitimate interest, contract, or another legally recognized legal basis. In the absence of such valid legal basis, making available on our Service any Content that incorporates Third-Party Personal Data constitutes an infringement of our Prohibited Content Policy (Appendix A).

In using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in relation to the Content that You make available on our Service. If You do not agree with the terms of this DPA, then do not upload, post or otherwise make available Content on the Dailymotion Service.

Note that, in addition to the Processing of Third-Party Personal Data as Your Data Processor, Dailymotion processes other categories of Your personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner. While Processing Your personal data (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor but the Data Controller, and (ii) such Processing of Your personal data is not governed by this DPA but is described in our Privacy Policy.

You and Dailymotion may be individually referred to herein as “Party” or collectively as the “Parties“.