Privacy Policy
Privacy Policy
Google Ads Controller-Controller Data Protection Terms
Google and the counterparty agreeing to these terms (“Customer“) have entered into an agreement for the provision of the Controller Services (as amended from time to time, the “Agreement”).
These Google Ads Controller-Controller Data Protection Terms (including the appendix, “Controller Terms”) are entered into by Google and Customer and supplement the Agreement. These Controller Terms will be effective, and replace any previously applicable terms relating to their subject matter, from the Terms Effective Date.
If you are accepting these Controller Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Controller Terms; (b) you have read and understand these Controller Terms; and (c) you agree, on behalf of Customer, to these Controller Terms. If you do not have the legal authority to bind Customer, please do not accept these Controller Terms.
1.Introduction
These Controller Terms reflect the parties’ agreement on the processing of Controller Personal Data.
2.Definitions and Interpretation
2.1In these Controller Terms:
“Additional Terms” means the additional terms referred to in Appendix 1, which reflect the parties’ agreement on the terms governing the processing of Controller Personal Data in connection with certain Applicable Data Protection Legislation.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.
“Applicable Data Protection Legislation” means, as applicable to the processing of Controller Personal Data, any national, federal, EU, state, provincial or other privacy, data security or data protection law or regulation, including European Data Protection Legislation, the LGPD and US State Privacy Laws.
“Controller Data Subject” means a data subject to whom Controller Personal Data relates.
“Controller Personal Data” means personal data that is processed by a party under the Agreement in connection with its provision or use (as applicable) of the Controller Services.
“Controller Services” means the applicable services listed at .
“End Controller” means, for each party, the ultimate controller of Controller Personal Data.
“EU GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“European Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Swiss FDPA.
“GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.
“Google” means the Google Entity that is party to the Agreement.
“Google Entity” means Google LLC, Google Ireland Limited or any other Affiliate of Google LLC.
“LGPD” means the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais).
“Swiss FDPA” means, as applicable, the Federal Data Protection Act of 19 June 1992 (Switzerland) (with the Ordinance to the Federal Data Protection Act of 14 June 1993), or the revised Federal Data Protection Act of 25 September 2020 (with the Ordinance to the Federal Data Protection Act of 31 August 2022).
“Terms Effective Date” means the date on which Customer clicked to accept or the parties otherwise agreed to these Controller Terms.
“UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act.
“US State Privacy Laws” has the meaning found at .
2.2The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Controller Terms have the meanings given by either (a) Applicable Data Protection Legislation; or (b) absent any such meaning or law, the GDPR.
2.3The words “include” and “including” mean “including but not limited to”. Any examples in these Controller Terms are illustrative and not the sole examples of a particular concept.
2.4Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.
2.5To the extent any translated version of these Controller Terms is inconsistent with the English version, the English version will govern.
3.Application of these Controller Terms
3.1General. These Controller Terms will only apply to the Controller Services for which the parties agreed to these Controller Terms, for example: (a) the Controller Services for which Customer clicked to accept these Controller Terms; or (b) if the Agreement incorporates these Controller Terms by reference, the Controller Services that are the subject of the Agreement.
3.2Incorporation of Additional Terms. The Additional Terms supplement these Controller Terms.
4.Roles and Restrictions on Processing
4.1Independent Controllers. Subject to Section 4.3 (End Controllers), each party:
(a)is an independent controller of Controller Personal Data;
(b)will individually determine the purposes and means of its processing of Controller Personal Data; and
(c)will comply with the obligations applicable to it under the Applicable Data Protection Legislation regarding the processing of Controller Personal Data.
4.2Restrictions on Processing. Section 4.1 (Independent Controllers) will not affect any restrictions on either party’s rights to use or otherwise process Controller Personal Data under the Agreement.
4.3End Controllers. Without reducing either party’s obligations under these Controller Terms, each party acknowledges that: (a) the other party’s Affiliates or clients may be End Controllers; and (b) the other party may act as a processor on behalf of its End Controllers. Each party will ensure that its End Controllers comply with the Controller Terms.
4.4Transparency. Customer acknowledges Google has published information about how Google uses information from sites, apps or other properties that use its services at . Without prejudice to its obligations under Section 4.1(c), Customer may link to that page to provide Controller Data Subjects with information about Google's processing of Controller Personal Data.
5.Liability
If the Agreement is governed by the laws of:
(a)a state of the United States of America, then, regardless of anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Controller Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (and therefore, any exclusion of indemnification claims from the Agreement’s limitation of liability will not apply to indemnification claims under the Agreement relating to the Applicable Data Protection Legislation); or
(b)a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Controller Terms will be subject to the exclusions and limitations of liability in the Agreement.
6.Effect of Controller Terms
6.1Order of Precedence. If there is any conflict or inconsistency between the Additional Terms, the remainder of these Controller Terms and/or the remainder of the Agreement then, subject to Sections 4.2 (Restrictions on Processing) and 6.2 (No Effect on Processor Terms), the following order of precedence will apply:
(a)the Additional Terms (if applicable);
(b)the remainder of these Controller Terms; and
(c)the remainder of the Agreement.
6.2No Effect on Processor Terms. These Controller Terms will not affect any separate terms between Google and Customer reflecting a controller-processor, processor-processor or processor-controller relationship for a service other than the Controller Services.
7.Changes to these Controller Terms
7.1Changes to URLs. From time to time, Google may change any URL referenced in these Controller Terms and the content at any such URL, except that Google may only change the list of potential Controller Services at :
(a)to reflect a change to the name of a service;
(b)to add a new service; or
(c)to remove a service (or a feature of a service) where either: (i) all contracts for the provision of that service are terminated; (ii) Google has Customer’s consent; or (iii) the service, or a certain feature of the service, has been recategorised as a processor service.
7.2Changes to Controller Terms. Google may change these Controller Terms if the change:
(a)is as described in Section 7.1 (Changes to URLs);
(b)reflects a change in the name or form of a legal entity;
(c)is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency, or reflects Google’s adoption of an Alternative Transfer Solution (as defined in Appendix 1A); or
(d)does not otherwise: (i) seek to alter the categorisation of the parties as controllers of Controller Personal Data under Applicable Data Protection Legislation; (ii) expand the scope of, or remove any restrictions on, either party’s rights to use or otherwise process (x) in the case of the Additional Terms, the data in scope of the Additional Terms or (y) in the case of the remainder of these Controller Terms, Controller Personal Data; or (iii) have a material adverse impact on Customer, as reasonably determined by Google.
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