ADDITIONAL REVIEW RESCUE DATA PROCESSING PROVISIONS
The following provisions shall be incorporated into the Data Processing Addendum and shall supplement the existing terms.
2.8 Client Responsibilities and Lawful Basis for Processing
Client acknowledges and agrees that Client is solely responsible for determining and documenting the lawful basis for the collection, use, disclosure, and Processing of Personal Data submitted to Review Rescue LLC. Client shall ensure that all required notices, disclosures, authorizations, permissions, and consents required by applicable Data Protection Laws and Regulations have been obtained prior to providing Personal Data to Review Rescue LLC.
Client further represents and warrants that its instructions for Processing Personal Data comply with all applicable Data Protection Laws and Regulations and do not infringe upon the rights of any Data Subject or third party.
8.2 Limitations on Audit Rights
Notwithstanding anything to the contrary in this DPA, any audit or inspection conducted pursuant to Section 8 shall be limited to information reasonably necessary to verify Review Rescue LLC’s compliance with its obligations under this DPA.
Under no circumstances shall Client or its auditor be entitled to access:
(a) Review Rescue LLC source code;
(b) proprietary software architecture;
(c) trade secrets;
(d) security incident response documentation unrelated to Client;
(e) penetration testing reports;
(f) vulnerability assessments;
(g) confidential information relating to other customers; or
(h) information that could compromise the security, confidentiality, integrity, or availability of Review Rescue LLC systems.
Review Rescue LLC may satisfy audit requests through the provision of current certifications, third-party audit reports, compliance attestations, questionnaires, or other reasonably equivalent documentation.
LIMITATION OF LIABILITY
12.1 Incorporation of Agreement Limitations
The parties agree that the limitations of liability, exclusions of damages, disclaimers, indemnification provisions, and other risk allocation provisions contained in the Agreement are hereby incorporated into this DPA by reference and shall apply to all claims arising out of or relating to this DPA.
12.2 Aggregate Liability
To the maximum extent permitted by applicable law, the aggregate liability of Review Rescue LLC arising out of or related to this DPA shall not exceed the limitation of liability set forth in the Agreement.
12.3 Exclusion of Certain Damages
Except to the extent prohibited by applicable law, neither party shall be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages arising out of or relating to this DPA, including loss of profits, loss of revenue, loss of goodwill, business interruption, or loss of data, even if advised of the possibility of such damages.
12.4 Regulatory Claims
Nothing in this DPA shall be interpreted to expand Review Rescue LLC’s liability beyond the limitations expressly set forth in the Agreement except to the extent such limitation is prohibited under applicable Data Protection Laws and Regulations.
12.5 Order of Precedence
In the event of any conflict between this DPA and the Agreement, the provisions of this DPA shall control solely with respect to the Processing of Personal Data. In all other respects, the Agreement shall govern.
ANNEX I UPDATES
Data Importer
Review Rescue LLC
North Carolina Limited Liability Company
Contact Details:
Review Rescue Privacy Team
[email protected]
Activities Relevant to the Data Transfer:
Provision and support of review removal services, online reputation management services, review monitoring services, customer communications, reporting tools, software applications, and related professional services.
Categories of Personal Data Transferred
• Name
• Email address
• Telephone number
• Business information
• Customer review content
• Review platform account information
• Customer support communications
• Reputation management case information
• User account identifiers
• IP address and device information
• Other Personal Data submitted by Client through the Services
Subprocessor Reference
The reference to Review Rescue Subprocessor List shall be replaced with:
“Review Rescue LLC’s then-current Subprocessor List, available upon written request.