LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms
Google and the Customer have entered into the Google Ads Controller-Controller Data Protection Terms (“Controller Terms”), which supplement the Agreement. This LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms (the “LGPD Controller Addendum”) is entered into by Google and the Customer and also supplements the Agreement. This LGPD Controller Addendum will be effective as of the later of 16 August 2020 or the date on which Customer clicked to accept or the parties otherwise agreed to this LGPD Controller Addendum.
This LGPD Controller Addendum reflects the parties’ agreement on the terms governing the processing of certain data in connection with the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais) (“LGPD”). The provisions of this LGPD Controller Addendum are effective solely to the extent the LGPD applies.
2. Definitions and Interpretation
2.1 In this LGPD Controller Addendum:
“Brazilian Controller Personal Data” means any 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 Data Subject” means a data subject to whom Brazilian Controller Personal Data relates.
“Google Entity” means Google LLC, Google Brasil Internet Ltda or any other Affiliate of Google LLC.
2.2 The terms “controller”, “data subject”, “personal data”, “processing”, “processing agent” and “processor” as used in this LGPD Controller Addendum have the meanings given in the LGPD.
2.3 Capitalised terms used but not defined in this LGPD Controller Addendum will have the meanings set out in the Controller Terms.
2.4 If there is any conflict or inconsistency between the terms of this LGPD Controller Addendum and the remainder of the Agreement (including the Controller Terms), the terms of this LGPD Controller Addendum will govern.
2.5 If this LGPD Controller Addendum is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
3. Roles and Restrictions on Processing
3.1 Independent Controllers. Each party:
(a) is an independent controller of Brazilian Controller Personal Data under the LGPD;
(b) is individually responsible for its decisions regarding the processing of Brazilian Controller Personal Data, including determining the purposes and means of such processing; and
(c) will comply with the obligations applicable to it under the LGPD with respect to the processing of Brazilian Controller Personal Data.
3.2 Restrictions on Processing. Section 3.1 (Independent Controllers) will not affect any restrictions on either party’s rights to use or otherwise process Brazilian Controller Personal Data under the Agreement.
4.1 Customer Properties. Where Customer uses the Controller Services on any site, app or other property under its control, or the control of a Customer Affiliate or client, Customer will ensure that the site, app or other property provides data subjects with clear, precise and easily accessible information about:
(a) the processing of Brazilian Controller Personal Data; and
(b) the processing agents (including Google, and the identity of any other controller(s)) that may collect, receive or use Brazilian Controller Personal Data.
4.2 Third Party Properties. If Brazilian Controller Personal Data of data subjects using a third party property is shared with Google due to Customer’s use of, or integration with, the Controller Services, then Customer will use commercially reasonable efforts to ensure the operator of the third party property complies with Customer’s obligations in Section 4.1 . In this Section 4.2, a “third party property” means a site, app or other property that is not under Customer’s, a Customer Affiliate's or a Customer client's control, and whose operator is not already using a Controller Service that incorporates this LGPD Controller Addendum.
4.3 Google’s Use of Data. Google has published information about how Google uses information from sites, apps or other properties that use its services at https://policies.google.com/technologies/partner-sites. To comply with Customer’s transparency obligations under Sections 4.1 and 4.2 with respect to Google's uses of Brazilian Controller Personal Data, Customer may link to that page.
5. Changes to this LGPD Controller Addendum
Google may change this LGPD Controller Addendum from time to time, without notice, if the change is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency.
16 August 2020