Last Modified: August 5, 2024
PLEASE READ THESE TERMS CAREFULLY.
The Eco Toreda Sensitive Data Terms (“Sensitive Data Terms”) apply to your use of the Marketplace Services and information considered sensitive under applicable law. In case of and to the extent applicable, any conflict or inconsistency with the other terms of the Agreement, these Sensitive Data Terms will take precedence over the other terms of the Agreement.
Capitalized terms used herein and not otherwise defined here will have the meanings assigned to them in the Agreement.
1.1 "Permitted Sensitive Data" means any information expressly permitted.
1.3 "Prohibited Sensitive Data" means any information belonging to a sensitive category of information under applicable law relating to privacy or data protection not expressly permitted under Permitted Sensitive Data (for example, full credit card information, complete financial account numbers, etc.).
You agree to use only the Permitted Sensitive Data with the Marketplace Service as detailed below:
PERMITTED SENSITIVE DATA
3. SERVICE TERMS
3.1 Prohibited Data. Prohibited Sensitive Data is not permitted in any Marketplace Services features.
3.2 Third Party Products. If you choose to integrate with or otherwise use third party products in connection with the Marketplace Service, you acknowledge that Customer Data hosted or processed by such third-party products are hosted in accordance with policies maintained by those third-parties.
3.3 Customer Obligations. You are responsible for assessing and determining whether your use of the Marketplace Services meets your compliance obligations. Your obligations also include, at your own cost and expense, to supply your own personnel and resources (or that of your designated third party service provider) to support, at a minimum, (i) management and oversight of Sensitive Data within your Eco Toreda Account; (ii) data subject access request responses associated with Sensitive Data maintained within your Eco Toreda Account; and (iii) inquiries, obligations, or other lawful orders set forth by enforcement officials under applicable law or regulation.
3.3.1 Permitted Sensitive Data Identification. You agree to i) appropriately identify sensitive data and ii) only process Permitted Sensitive Data.
3.4 Eco Toreda Obligations. We agree to continue providing the physical, administrative, and technical security controls reflected in the existing terms of the Agreement.
3.5 Sensitive Information Data Breaches. As detailed in the HubSpot Data Processing Agreement we maintain security incident management policies and procedures as specified in the “Security Measures” section of our DPA.
4. DISCLAIMER OF WARRANTIES
ECO TOREDA MAKES NO WARRANTY THAT ANY OF THE MARKETPLACE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE MARKETPLACE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE.
5. MISCELLANEOUS
5.1 Changes to Sensitive Data Terms. We may make changes to these Sensitive Data Terms to increase the Marketplace Services, or Permitted Sensitive Data allowed under these terms without notifying you; other updates to these terms will be made in accordance with the Agreement. You understand and agree that if you use the features under the Sensitive Data Terms after the updated date, we will treat your use as acceptance of the updated Sensitive Data Terms.
5.2 Conflict. All other terms in the Agreement remain unchanged. In case and to the extent of any conflict or inconsistency with the terms of the Agreement, these Sensitive Data Terms will take precedence over the terms of the Agreement.
5.3 Survival. These Sensitive Data Terms will also survive the expiration or termination of the Agreement.