This Blackwell Cloud Data Privacy Addendum (“Privacy Addendum ”) applies whenever it is incorporated by reference into the terms of service for a particular Blackwell Cloud Service Offering (“Agreement ”).
This Privacy Addendum consists of two parts:
1. Definitions and Interpretation.
1.1 Definitions. Any capitalized terms used but not defined in this Privacy Addendum will have the meanings given to them in the Agreement. In addition, the following definitions will apply throughout this Privacy Addendum:
(i) “Controller ” means an entity that determines the purposes and means of the Processing of Personal Data.
(ii) “Data Breach ” means any accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access or other Processing of or to Service Data.
(iii) “Personal Data ” means any information relating to an identified or identifiable individual.
(iv) “Processor ” means an entity that Processes Personal Data on behalf of a Controller.
(v) “Processing ” means any operation or set of operations performed upon Service Data, Relationship Data or Usage Data. The terms "Process "and "Processes "will be construed accordingly.
(vi) “Relationship Data ” means any account-related data provided by you to Blackwell Cloud during the purchase, sign up, use or support of your account. Relationship Data may include Personal Data. Blackwell Cloud Processes Relationship Data for the purposes described in Section 3.
(vii) "Service Data "means any data (including any Personal Data) that Blackwell Cloud Processes on your behalf in the course of providing you with the Service. Depending on the Service Offering you purchase or receive, Service Data may include the content of textual, visual, audio, audiovisual, executable or database files that you or your Users upload or otherwise import into the Service Offering. Service Data does not include Usage Data or Relationship Data.
(viii) “Usage Data ” means any data (other than Service Data) relating to your consumption of the Service Offering. Usage Data does not include any Personal Data. Usage Data includes, without limitation, information about the amount of computing, tasks being executed, kernels being executed, binary code, machine language, PTX/SASS and storage resources purchased or consumed, User counts, and third party licenses consumed. Usage Data may also include information related to the consumption of optional or third party or co-branded services provided to you through the Service Offering.
1.2 Conflicts. If there is a conflict between: (i) this Privacy Addendum and the terms of service for any Service Offering, then the provisions of this Privacy Addendum will prevail to the extent of that conflict; (ii) Part I (General Privacy Provisions) and Part II (Specific Privacy Provisions) of this Privacy Addendum, then Part II (Specific Privacy Provisions) will prevail to the extent of that conflict; and (iii) this Privacy Addendum and any applicable Third Party Terms, then the applicable Third Party Terms will prevail to the extent of that conflict with respect to the Third Party Content.
2. Service Data .
2.1 Our Role. As between you and us, you are the Controller of Service Data. We Process Service Data only as a Processor on your behalf and for the purposes set forth in the Agreement. We will not disclose Service Data to any third party, except in accordance with this Privacy Addendum or where required by law.
2.2 Your Compliance. You will (i) comply with all applicable privacy and data protection laws with respect to your Processing of Service Data and any Processing instructions you issue to us; and (ii) ensure that you have obtained (or will obtain) all consents and rights necessary for us to process Service Data in accordance with this Privacy Addendum.
2.3 Security. We will maintain appropriate technical and organizational measures (including administrative, physical and technical safeguards) to protect any Service Data we Process on your behalf. For details of any specific security measures that may apply to the Service Offering you have purchased or receive, please see the relevant security terms for that Service Offering in Part II (Specific Privacy Provisions) of this Privacy Addendum.
2.4 Data Subject Rights. Individuals have the following rights regarding their Personal Data:- Access: The right to request confirmation of whether we process their Personal Data and access to such data.- Rectification: The right to request correction of inaccurate or incomplete Personal Data.- Erasure: The right to request deletion of Personal Data under certain conditions.- Portability: The right to receive their Personal Data in a structured, commonly used, and machine-readable format and to transmit it to another Controller.- Objection: The right to object to the processing of their Personal Data for direct marketing purposes or on grounds relating to their particular situation.To exercise these rights, please contact us at Marketing@blackwellcloud.com .
2.5 Marketing Communications. We may send promotional emails to individuals who have consented to receive such communications. Consent can be withdrawn at any time by clicking the "unsubscribe "link in the email or by contacting us at Marketing@blackwellcloud.com .
2.6 Data Sharing and Transfers. We may share Personal Data with third-party service providers who assist in delivering our services. These providers are contractually obligated to protect Personal Data in accordance with this policy and applicable laws. If Personal Data is transferred outside of Canada, we ensure appropriate safeguards are in place.
2.7 Data Retention. We retain Personal Data only as long as necessary to fulfill the purposes for which it was collected or as required by law. Retention periods are determined based on legal obligations, the nature of the data, and business needs.
2.8 Children 's Privacy. Our services are not directed to individuals under 18. We do not knowingly collect Personal Data from children without verifiable parental consent. If we become aware that a child’s data has been collected without such consent, we will take steps to delete it.
2.9 Subprocessing. You agree that we may subcontract Processing of your Service Data to a third party. We will ensure any subcontractor we appoint protects your Service Data in a manner which is substantially similar to the standard that is set forth in this Privacy Addendum. We will be responsible for any breaches of this Privacy Addendum that are caused by any such subcontractor.
2.10 Cooperation. During the term of the Agreement we will provide all assistance reasonably required by you (at your expense) to enable you to address any request or complaint received by you from (i) any natural individual whose Personal Data is contained within Service Data that we Process on your behalf or (ii) any applicable data protection authority.
2.11 Data Breach. Upon becoming aware of a Data Breach, we will promptly notify you and will periodically update you of developments relating to the Data Breach. We will use reasonable endeavors to mitigate and, where possible, to remedy the effects of, any Data Breach.
2.12 Data Transfers from the EEA and Switzerland. If you are a customer in the European Economic Area or Switzerland, you acknowledge that we may process your Service Data in countries outside of the European Economic Area and Switzerland to the extent: (i) necessary to store your Service Data in an international location you have chosen (which location you acknowledge may not have data protection laws that are equivalent to those in the European Economic Area or Switzerland); and (ii) you provide Service Data in connection with any request for support, in which case we may process it in international customer support facilities (and we will provide adequate protection for the Service Data in accordance with applicable European and/or Swiss data protection law(s)).
2.13 Deletion of Service Data. Following expiration of the Agreement, we will endeavor to delete your Service Data within a reasonable period of time, except to the extent we are required to retain any Service Data for compliance with applicable law. If we are unable to delete your Service Data for technical or other reasons, we will apply measures to ensure that your Service Data is blocked from any further Processing.
2.14 Third Party Requests for Service Data. If a third party raises a complaint about or requests access to Service Data, we will attempt to redirect the third party to you. If we are required to respond to a subpoena, court order, warrant, audit or agency action and that occurrence demands that we disclose Service Data, we will promptly notify and provide you with a copy of the demand unless legally prohibited from doing so.
2.15 Protected Health Information. You must not upload into the Service Offering nor include within Service Data any data which is regulated by the United States Health Insurance Portability and Accountability Act unless you have entered into a business associate agreement with Blackwell Cloud.
2.16 Contact Information. For any questions or concerns regarding this Privacy Policy or our data practices, please contact us at:
3. Relationship Data .
3.1 We collect and Process Relationship Data for the following purposes: (i) to provide the Service Offering to you, to manage your account, and to send you notifications and marketing information (including about the availability of our other products and services); (ii) to bill you for purchased services and to provide support; (iii) to enforce compliance with this Privacy Addendum and the Agreement; and (iv) to comply with our contractual obligations and applicable law.
3.2 We are an independent Controller of the Relationship Data we Process. We will Process Relationship Data in compliance with applicable law. We may share Relationship Data with our affiliates and third party service providers that we use for these purposes or as otherwise required or permitted by applicable law.
4. Usage Data.
4.1 We collect and Process Usage Data: (i) to provide the Service Offering to you; (ii) to manage our infrastructure; (iii) to address technical issues with the Service Offering; (iv) to improve Blackwell Cloud products and services; (v) to provide enhanced customer and technical support services; (vi) to personalize your experience and that of your Users; (vii) to provide recommendations on how you may enhance your experience of the Service Offering; (viii) to provide you with information you may use for your own benchmarking efforts; (ix) to provide you with information and recommendations on Blackwell Cloud products and services and the services of our affiliates and our partners; and (x) as otherwise described in this Agreement.
4.2 We are an independent Controller of the Usage data we Process. We will Process Usage Data in compliance with applicable law. We may share Usage Data with our affiliates and third party service providers for these purposes or as otherwise required or permitted by applicable law.
5. Personal Information.
Blackwell Cloud will comply with the Privacy Act 1988 (Cth) in respect to “personal information” collected by Blackwell Cloud, as defined in that Act, and will comply with its privacy policy available atwww.blackwellcloud.com in respect to such “personal information”.