Orange County NC Website
DocuSign Envelope ID:90A54439-23B9-40AF-8246-BFCAAEAA529D <br /> 5.4 that it will promptly notify the data exporter about: <br /> (a) any legally binding request for disclosure of the personal data by a law enforcement <br /> authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the <br /> confidentiality of a law enforcement investigation; <br /> (b) any accidental or unauthorised access; and <br /> (c) any request received directly from the data subjects without responding to that <br /> request, unless it has been otherwise authorised to do so; <br /> 5.5 to deal promptly and properly with all inquiries from the data exporter relating to its <br /> processing of the personal data subject to the transfer and to abide by the advice of the Supervisory <br /> Authority with regard to the processing of the data transferred; <br /> 5.6 at the request of the data exporter to submit its data processing facilities for audit of the <br /> processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection <br /> body composed of independent members and in possession of the required professional qualifications bound <br /> by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the <br /> Supervisory Authority; <br /> 5.7 to make available to the data subject upon request a copy of the Clauses, or any existing <br /> contract for sub-processing, unless the Clauses or contract contain commercial information, in which case <br /> it may remove such commercial information, with the exception of Appendix B of the DPA which shall be <br /> replaced by a summary description of the security measures in those cases where the data subject is unable <br /> to obtain a copy from the data exporter; <br /> 5.8 that,in the event of sub-processing,it has previously informed the data exporter and obtained <br /> its prior written consent; <br /> 5.9 that the processing services by the sub-processor will be carried out in accordance with clause <br /> 11; and <br /> 5.10 to send promptly a copy of any sub-processor agreement it concludes under the Clauses to <br /> the data exporter. <br /> 6. Liability. <br /> 6.1 The parties agree that any data subject, who has suffered damage as a result of any breach <br /> of the obligations referred to in clause 3 or in clause 11 by any party or sub-processor is entitled to receive <br /> compensation from the data exporter for the damage suffered. <br /> 6.2 If a data subject is not able to bring a claim for compensation in accordance with paragraph <br /> 1 against the data exporter, arising out of a breach by the data importer or its sub-processor of any of their <br /> obligations referred to in clause 3 or in clause 11 because the data exporter has factually disappeared or <br /> ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a <br /> claim against the data importer as if it were the data exporter, unless any successor entity has assumed <br /> the entire legal obligations of the data exporter by contract or by operation of law, in which case the data <br /> subject can enforce its rights against such entity. <br /> The data importer may not rely on a breach by a sub-processor of its obligations in order to avoid its <br /> own liabilities. <br /> Submittable Customer Terms of Service v1.1—Exhibit B,Appendix C Page 4 of 8 <br />