PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
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+ The Terms of Use were revised to ensure compliance with the European Union’s
+ Digital Services Act (DSA) and to improve transparency about how Wikibase Cloud operates. In addition to terms defined elsewhere in this
+ Agreement, the following terms have the following meanings: 1.1 “Manager Account” or “Account”: The personal Account provided by Wikibase.cloud
+ to the User on the Platform after the User’s registration. 1.2 “Content”: Any type of media (for example text, video files) uploaded to the
+ Platform by a User. 1.3 “User”: A natural person that registers for and
+ uses the Platform. 1.4 “Wikimedia”: Wikimedia Deutschland – Gesellschaft
+ zur Förderung Freien Wissens e. V. 1.5 “Wikibase Instance” or “Site”: an open knowledge base that can be
+ created and run by anyone on Wikibase.cloud.
+ 2.1 Wikimedia, Tempelhofer Ufer 23/24, 10963 Berlin, provides
+ Wikibase.cloud (the „Platform“), a free cloud-based Platform that hosts
+ instances of Wikibase. It offers collaborative space to pool, edit and
+ curate information and is accessible under 2.2 These Terms of Use govern the legal relationship between Wikimedia
+ and the User and apply to all actions of the User and Wikimedia on or in
+ connection with the Platform (the „Agreement“). 3.1 To use the Platform, the
+ User must open a Manager Account. Opening a Manager Account is free of
+ charge for the User. The User can sign up directly by visiting the
+ website 3.2 When registering, the User is required to provide certain basic
+ information, including an email address and a password. 3.3 By clicking
+ on “Create Account”, the User requests Wikimedia to create an Account on
+ the Platform. Wikimedia will send an email with a legally binding offer
+ to open the Account and to confirm the user’s email address. By clicking
+ on “verify email”, the User accepts the offer, concludes the Agreement
+ with Wikimedia and opens the Account. 3.4 The User shall keep the Account
+ information, in particular the chosen password, confidential and shall
+ not disclose it to third parties. Any misuse or suspected misuse must be
+ reported to Wikimedia Deutschland immediately. 3.5 The User can access
+ the latest version of these Terms at any time on the Platform. The
+ Agreement is concluded in English and the Terms are only available in
+ English. 4.1 After creating a Manager Account and logging into it, the User can
+ create a Wikibase Instance on their dashboard page. 4.2 To create a
+ Wikibase Instance, the User is required to provide certain basic
+ information, including Site Name, Site Domain and Username. 4.3 By
+ clicking on “Create Wiki”, the User submits the form. Once the form has
+ been successfully submitted, the Wikibase Instance will be created and
+ become available on the dashboard. 4.4 Wikimedia will send the User an
+ email with Account details, including the username and a temporary
+ password. After logging in with the provided password, the User is
+ prompted to create a new password. 4.5 The User shall keep the Account
+ information, in particular the chosen password, confidential and shall
+ not disclose it to third parties. Any misuse or suspected misuse must be
+ reported to Wikimedia immediately. 4.6 Once the Wikibase Instance has
+ been created, the basic functions are available to the User, which may
+ change from time to time. For example, the User can create a main page,
+ add a logo and create their own legal terms for their Wiki. The User can
+ also manually enter, import or delete data or any other information or
+ media (the “Content”) using the tools provided. Wikibase is a
+ collaborative Platform. The User can enable other persons to register
+ for an Account on their Wikibase Instance or upload Content. 5.1 The User may only use the Platform in accordance with
+ the Terms of Use and the additional rules laid down in the Hosting
+ Policy, which is hereby explicitly incorporated into the Agreement. In
+ particular, the User may not create, post, share, link to or otherwise
+ interact with Content that violates our rules or any laws. 5.2 The User
+ is responsible for any Content that they or other persons publish on
+ their registered Wikibase Instance. The User shall take all reasonable
+ steps to inform other persons using their Wikibase Instance of all
+ restrictions laid down in these Terms of Use and to ensure that these
+ restrictions are obeyed. The User must have all the necessary rights to
+ create, publish or share Content. The User agrees not to upload or share
+ any Content on their Wikibase Instance that infringes the intellectual
+ property rights of third persons or that is otherwise unlawful. 5.4 The User should be aware that the sites
+ may be edited by the public and, as such, may contain inappropriate
+ Content at any time. 6.1 Wikimedia does not
+ monitor Content on the Platform, but reserves the right to conduct
+ random checks, particularly if there are indications of violations.
+ Wikimedia does not use any automatic moderation technology or similar
+ tools that automatically scan, edit, block or remove Content. 6.2 Wikimedia may remove or restrict access to Content and/or delete or
+ restrict access to the User’s Account and/or delete or restrict access
+ to the Wikibase Instance if Wikimedia has reasonable grounds to believe
+ that Content violates the Agreement or applicable law. 6.3 If Wikimedia
+ removes or restricts access to Content, Wikimedia will notify the User
+ immediately and explain the reasons for the decision, unless to do so
+ would harm Wikimedia, or other third parties, or Wikimedia is legally
+ prevented from notifying the User. 6.4 Wikimedia will always proceed
+ carefully, objectively and proportionately when examining Content and
+ implementing measures, and will take into account the rights and
+ legitimate interests of all parties involved. 7.1 The User grants
+ Wikimedia the rights of use to the uploaded Content for the purpose of
+ Wikimedia’s provision of the Platform. 7.2 Wikimedia reserves the right to close, move, merge, or rename a site
+ for any reason. Wikimedia shall not be held liable for any modification,
+ suspension or discontinuance of any site, or of the Platform as a whole. 8.1 The terms of this Agreement commence upon the
+ User’s registration. 8.2 The User can delete their Account by contacting
+ Wikimedia, for example, via 8.3 Wikimedia can (i) terminate the contract, (ii) suspend single instances,
+ (iii) permanently delete single instances, and/ or (iv) transfer
+ ownership of single instances to another User at any time and without
+ cause, provided that two weeks’ notice is given. 8.4 The User can delete
+ their Wikibase Instance at any time through the settings. All data and
+ Content associated with this Wikibase Instance will be permanently
+ deleted after 30 days. The domain may not be available for reuse. 8.5 Wikimedia may terminate or suspend any use of the Platform and the
+ User’s Account immediately, without notice or liability, if the User
+ breaches any of the terms and conditions of the Terms of Use. Upon
+ termination of the User’s Account, the User’s right to use the Platform
+ will immediately cease. 9.1 Wikimedia shall implement appropriate measures to ensure the availability and
+ error free functionality of the Platform. However, the User acknowledges
+ that for technical reasons and due to the dependence on external
+ influences, Wikimedia cannot guarantee the uninterrupted availability of
+ the Platform. 9.2 Wikimedia will occasionally carry out maintenance work
+ to ensure the functionality or expansion of the Platform. These tasks
+ may result in a temporary impairment of the usability of the Platform.
+ Insofar Wikimedia shall carry out the maintenance work during periods of
+ low use. 10.1 Wikimedia provides a free service that allows
+ the User to create their own Wikibase Instance. Wikimedia assumes no
+ responsibility for any material posted by the User. However, in
+ accordance with Art. 16 DSA Wikimedia provides a mechanism for the User
+ and third parties to report illegal Content hosted on the Platform. 10.2 Users are solely responsible for their Content and must ensure
+ compliance with applicable German laws. 10.3 The User agrees to indemnify
+ and hold harmless Wikimedia from any claims by third parties arising
+ from Content they publish or actions they take while using our Platform. 11.1 For comprehensive information on how Wikimedia
+ collects, processes or uses personal data of the User, please refer to
+ our 11.2 To the extent that the Content provided by the
+ User or by contributors and users of the User’s Wikimedia Instance
+ contains personal data of third parties, the User remains the controller
+ of such data and Wikimedia acts as the processor of the User’s personal
+ data under the GDPR. To this end, the Parties enter into the Standard
+ Contractual Clauses (Commission Implementing Decision (EU) 2021/915 of 4
+ June 2021) attached hereto in the Appendix 1. 11.3 If and to the extent that the User
+ resides and/or processes personal data in a state outside of the EU and
+ the data transfers between Wikimedia and the User constitute an
+ international data transfer according to Chapter 5 of the GDPR, the User
+ and Wikimedia enter into the Standard Contractual Clauses for transfers
+ of personal data to third countries as laid down in the Commission
+ Implementing Decision (EU) 2021/914 4 June 2021, attached hereto as
+ Appendix 2 (the “International Standard Contractual Clauses”) in form of
+ Module 4 (Processor to Controller). The Annexes I, II, III and IV of
+ Appendix 1 apply accordingly. 12.1 This Agreement is
+ governed by, and shall be interpreted in accordance with, the laws of,
+ and directly applicable in, the Federal Republic of Germany, excluding,
+ however, the provisions of the United Nations Convention on Contracts
+ for the International Sale of Goods and any conflict of law provisions
+ that would require the application of the material law of another
+ country. 12.2 The Parties hereby irrevocably submit to the exclusive
+ jurisdiction of the courts of Berlin, Germany, for all disputes or
+ claims arising out of or in connection with this Agreement made
+ hereunder. 12.3. If any provision of this Agreement is invalid or
+ unenforceable in whole or in part, this shall not affect the validity
+ and enforceability of any other provision of this Agreement. The invalid
+ or unenforceable provision shall be deemed replaced by a valid and
+ enforceable provision that comes as close as possible to the economic
+ purpose that both parties had in mind with the invalid or unenforceable
+ provision. (a) The purpose of these Standard
+ Contractual Clauses (the Clauses) is to ensure compliance with Article
+ 28(3) and (4) of 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 (General Data Protection
+ Regulation). (b) The controllers and processors listed in Annex I have
+ agreed to these Clauses in order to ensure compliance with Article 28(3)
+ and (4) of Regulation (EU) 2016/679 and/or Article 29(3) and (4) of
+ Regulation (EU) 2018/1725. (c) These Clauses apply to the processing of
+ personal data as specified in Annex II. (d) Annexes I to IV are an
+ integral part of the Clauses. (e) These Clauses are without prejudice to
+ obligations to which the controller is subject by virtue of Regulation
+ (EU) 2016/679 and/or Regulation (EU) 2018/1725. (f) These Clauses do not
+ by themselves ensure compliance with obligations related to
+ international transfers in accordance with Chapter V of Regulation (EU)
+ 2016/679 and/or Regulation (EU) 2018/1725. (a) The Parties undertake not to modify the Clauses, except for
+ adding information to the Annexes or updating information in them. (b) This does not prevent the Parties from including the standard
+ contractual clauses laid down in these Clauses in a broader contract, or
+ from adding other clauses or additional safeguards provided that they do
+ not directly or indirectly contradict the Clauses or detract from the
+ fundamental rights or freedoms of data subjects. (a) Where these Clauses use the terms defined in Regulation (EU)
+ 2016/679 or Regulation (EU) 2018/1725 respectively, those terms shall
+ have the same meaning as in that Regulation. (b) These Clauses shall be
+ read and interpreted in the light of the provisions of Regulation (EU)
+ 2016/679 or Regulation (EU) 2018/1725 respectively. (c) These Clauses
+ shall not be interpreted in a way that runs counter to the rights and
+ obligations provided for in Regulation (EU) 2016/679 / Regulation (EU)
+ 2018/1725 or in a way that prejudices the fundamental rights or freedoms
+ of the data subjects. In the event of a contradiction
+ between these Clauses and the provisions of related agreements between
+ the Parties existing at the time when these Clauses are agreed or
+ entered into thereafter, these Clauses shall prevail. The details of the processing operations, in particular the categories of
+ personal data and the purposes of processing for which the personal data
+ is processed on behalf of the controller, are specified in Annex II. (a) The processor
+ shall process personal data only on documented instructions from the
+ controller, unless required to do so by Union or Member State law to
+ which the processor is subject. In this case, the processor shall inform
+ the controller of that legal requirement before processing, unless the
+ law prohibits this on important grounds of public interest. Subsequent
+ instructions may also be given by the controller throughout the duration
+ of the processing of personal data. These instructions shall always be
+ documented. (b) The processor shall immediately inform the controller
+ if, in the processor’s opinion, instructions given by the controller
+ infringe Regulation (EU) 2016/679 / Regulation (EU) 2018/1725 or the
+ applicable Union or Member State data protection provisions. The processor shall process the personal data only
+ for the specific purpose(s) of the processing, as set out in Annex II,
+ unless it receives further instructions from the controller. Processing by the processor
+ shall only take place for the duration specified in Annex II. (a) The processor shall at least implement the
+ technical and organisational measures specified in Annex III to ensure
+ the security of the personal data. This includes protecting the data
+ against a breach of security leading to accidental or unlawful
+ destruction, loss, alteration, unauthorised disclosure or access to the
+ data (personal data breach). In assessing the appropriate level of
+ security, the Parties shall take due account of the state of the art,
+ the costs of implementation, the nature, scope, context and purposes of
+ processing and the risks involved for the data subjects. (b) The
+ processor shall grant access to the personal data undergoing processing
+ to members of its personnel only to the extent strictly necessary for
+ implementing, managing and monitoring of the contract. The processor
+ shall ensure that persons authorised to process the personal data
+ received have committed themselves to confidentiality or are under an
+ appropriate statutory obligation of confidentiality. If the processing involves personal data revealing racial or ethnic
+ origin, political opinions, religious or philosophical beliefs, or trade
+ union membership, genetic data or biometric data for the purpose of
+ uniquely identifying a natural person, data concerning health or a
+ person’s sex life or sexual orientation, or data relating to criminal
+ convictions and offences (“sensitive data”), the processor shall apply
+ specific restrictions and/or additional safeguards. (a) The Parties shall be able to demonstrate compliance
+ with these Clauses. (b) The processor shall deal promptly and adequately
+ with inquiries from the controller about the processing of data in
+ accordance with these Clauses. (c) The processor shall make available to
+ the controller all information necessary to demonstrate compliance with
+ the obligations that are set out in these Clauses and stem directly from
+ Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725. At the
+ controller’s request, the processor shall also permit and contribute to
+ audits of the processing activities covered by these Clauses, at
+ reasonable intervals or if there are indications of non-compliance. In
+ deciding on a review or an audit, the controller may take into account
+ relevant certifications held by the processor. (d) The controller may
+ choose to conduct the audit by itself or mandate an independent auditor.
+ Audits may also include inspections at the premises or physical
+ facilities of the processor and shall, where appropriate, be carried out
+ with reasonable notice. (e) The Parties shall make the information
+ referred to in this Clause, including the results of any audits,
+ available to the competent supervisory authority/ies on request. (a) GENERAL WRITTEN AUTHORISATION: The processor
+ has the controller’s general authorisation for the engagement of
+ sub-processors from an agreed list. The processor shall specifically
+ inform in writing the controller of any intended changes of that list
+ through the addition or replacement of sub-processors at least two
+ months in advance, thereby giving the controller sufficient time to be
+ able to object to such changes prior to the engagement of the concerned
+ sub-processor(s). The processor shall provide the controller with the
+ information necessary to enable the controller to exercise the right to
+ object. (b) Where the processor engages a sub-processor for carrying out
+ specific processing activities (on behalf of the controller), it shall
+ do so by way of a contract which imposes on the sub-processor, in
+ substance, the same data protection obligations as the ones imposed on
+ the data processor in accordance with these Clauses. The processor shall
+ ensure that the sub-processor complies with the obligations to which the
+ processor is subject pursuant to these Clauses and to Regulation (EU)
+ 2016/679 and/or Regulation (EU) 2018/1725. (c) At the controller’s
+ request, the processor shall provide a copy of such a sub-processor
+ agreement and any subsequent amendments to the controller. To the extent
+ necessary to protect business secret or other confidential information,
+ including personal data, the processor may redact the text of the
+ agreement prior to sharing the copy. (d) The processor shall remain
+ fully responsible to the controller for the performance of the
+ sub-processor’s obligations in accordance with its contract with the
+ processor. The processor shall notify the controller of any failure by
+ the sub-processor to fulfil its contractual obligations. (e) The processor shall agree a third party beneficiary clause with the
+ sub-processor whereby - in the event the processor has factually
+ disappeared, ceased to exist in law or has become insolvent - the
+ controller shall have the right to terminate the sub-processor contract
+ and to instruct the sub-processor to erase or return the personal data. (a) Any transfer of data to a third country
+ or an international organisation by the processor shall be done only on
+ the basis of documented instructions from the controller or in order to
+ fulfil a specific requirement under Union or Member State law to which
+ the processor is subject and shall take place in compliance with Chapter
+ V of Regulation (EU) 2016/679 or Regulation (EU) 2018/1725. (b) The controller agrees that where the processor engages a sub-processor in
+ accordance with Clause 7.7. for carrying out specific processing
+ activities (on behalf of the controller) and those processing activities
+ involve a transfer of personal data within the meaning of Chapter V of
+ Regulation (EU) 2016/679, the processor and the sub-processor can ensure
+ compliance with Chapter V of Regulation (EU) 2016/679 by using standard
+ contractual clauses adopted by the Commission in accordance with of
+ Article 46(2) of Regulation (EU) 2016/679, provided the conditions for
+ the use of those standard contractual clauses are met. (a) The processor shall promptly notify the
+ controller of any request it has received from the data subject. It
+ shall not respond to the request itself, unless authorised to do so by
+ the controller. (b) The processor shall assist the controller in
+ fulfilling its obligations to respond to data subjects’ requests to
+ exercise their rights, taking into account the nature of the processing.
+ In fulfilling its obligations in accordance with (a) and (b), the
+ processor shall comply with the controller’s instructions (c) In addition to the processor’s obligation to assist the controller pursuant
+ to Clause 8(b), the processor shall furthermore assist the controller in
+ ensuring compliance with the following obligations, taking into account
+ the nature of the data processing and the information available to the
+ processor: (1) the obligation to carry out an assessment of the impact
+ of the envisaged processing operations on the protection of personal
+ data (a ‘data protection impact assessment’) where a type of processing
+ is likely to result in a high risk to the rights and freedoms of natural
+ persons; (2) the obligation to consult the competent supervisory
+ authority/ies prior to processing where a data protection impact
+ assessment indicates that the processing would result in a high risk in
+ the absence of measures taken by the controller to mitigate the risk; (3) the obligation to ensure that personal data is accurate and up to
+ date, by informing the controller without delay if the processor becomes
+ aware that the personal data it is processing is inaccurate or has
+ become outdated; (4) the obligations in Article 32 of Regulation (EU)
+ 2016/679. (d) The Parties shall set out in Annex III the appropriate technical and organisational measures by which
+ the processor is required to assist the controller in the application of this Clause as well as the scope
+ and the extent of the assistance required. In the event of a personal data
+ breach, the processor shall cooperate with and assist the controller for
+ the controller to comply with its obligations under Articles 33 and 34
+ of Regulation (EU) 2016/679 or under Articles 34 and 35 of Regulation
+ (EU) 2018/1725, where applicable, taking into account the nature of
+ processing and the information available to the processor. In the event of a
+ personal data breach concerning data processed by the controller, the
+ processor shall assist the controller: (a) in notifying the personal
+ data breach to the competent supervisory authority/ies, without undue
+ delay after the controller has become aware of it, where
+ relevant/(unless the personal data breach is unlikely to result in a
+ risk to the rights and freedoms of natural persons); (b) in obtaining
+ the following information which, pursuant to Article 33(3) of Regulation
+ (EU) 2016/679, shall be stated in the controller’s notification, and
+ must at least include: (1) the nature of the personal data including
+ where possible, the categories and approximate number of data subjects
+ concerned and the categories and approximate number of personal data
+ records concerned; (2) the likely consequences of the personal data
+ breach; (3) the measures taken or proposed to be taken by the controller
+ to address the personal data breach, including, where appropriate,
+ measures to mitigate its possible adverse effects. Where, and insofar as, it is not possible to provide all this information at the same time, the initial
+ notification shall contain the information then available and further information shall, as it becomes
+ available, subsequently be provided without undue delay. (c) in complying, pursuant to Article 34 of Regulation (EU) 2016/679,
+ with the obligation to communicate without undue delay the personal data
+ breach to the data subject, when the personal data breach is likely to
+ result in a high risk to the rights and freedoms of natural persons. In the event of a
+ personal data breach concerning data processed by the processor, the
+ processor shall notify the controller without undue delay after the
+ processor having become aware of the breach. Such notification shall
+ contain, at least: (a) a description of the nature of the breach (including, where
+ possible, the categories and approximate number of data subjects and
+ data records concerned); (b)the details of a contact point where more information concerning the
+ personal data breach can be obtained; (c) its likely consequences and the measures taken or proposed to be
+ taken to address the breach, including to mitigate its possible adverse
+ effects. Where, and insofar as, it is not possible to provide all this
+ information at the same time, the initial notification shall contain the
+ information then available and further information shall, as it becomes
+ available, subsequently be provided without undue delay. The Parties
+ shall set out in Annex III all other elements to be provided by the
+ processor when assisting the controller in the compliance with the
+ controller’s obligations under Articles 33 and 34 of Regulation (EU)
+ 2016/679. (a) Without prejudice to any provisions of Regulation
+ (EU) 2016/679 and/or Regulation (EU) 2018/1725, in the event that the
+ processor is in breach of its obligations under these Clauses, the
+ controller may instruct the processor to suspend the processing of
+ personal data until the latter complies with these Clauses or the
+ contract is terminated. The processor shall promptly inform the
+ controller in case it is unable to comply with these Clauses, for
+ whatever reason. (b) The controller shall be entitled to terminate the
+ contract insofar as it concerns processing of personal data in
+ accordance with these Clauses if: (1) the processing of personal data by
+ the processor has been suspended by the controller pursuant to point (a)
+ and if compliance with these Clauses is not restored within a reasonable
+ time and in any event within one month following suspension; (2) the
+ processor is in substantial or persistent breach of these Clauses or its
+ obligations under Regulation (EU) 2016/679 and/or Regulation (EU)
+ 2018/1725; (3) the processor fails to comply with a binding decision of
+ a competent court or the competent supervisory authority/ies regarding
+ its obligations pursuant to these Clauses or to Regulation (EU) 2016/679
+ and/or Regulation (EU) 2018/1725. (c) The processor shall be entitled to terminate the contract insofar as it concerns processing of personal
+ data under these Clauses where, after having informed the controller that its instructions infringe
+ applicable legal requirements in accordance with Clause 7.1 (b), the controller insists on compliance with
+ the instructions. (d) Following termination of the contract, the processor shall, at the choice of the controller, delete all
+ personal data processed on behalf of the controller and certify to the controller that it has done so, or,
+ return all the personal data to the controller and delete existing copies unless Union or Member State law
+ requires storage of the personal data. Until the data is deleted or returned, the processor shall continue
+ to ensure compliance with these Clauses.
+ Controller(s): [Identity and contact details
+ of the controller(s), and, where applicable, of the controller’s data
+ protection officer]
+ The User as specified in the Terms of Use. Processor(s):
+ [Identity and contact details of the processor(s) and,
+ where applicable, of the processor’s data protection officer] Wikimedia
+ Deutschland e. V., Tempelhofer Ufer 23-24, 10369 Berlin
+ For processing by (sub-) processors, also specify subject matter, nature
+ and duration of the processing
+ Technical and organisational measures including technical
+ and organisational measures to ensure the security of the data
+ You may obtain a copy of our technical and organisational measures on request,
+ to do so please send an email to: datenschutz@wikimedia.de.
+ List of sub-processors EXPLANATORY NOTE: This Annex needs to
+ be completed in case of specific authorisation of sub-processors (Clause
+ 7.7(a), Option 1). The controller has authorised the use of the
+ following sub-processors: 1. Name: Google Ireland Ltd. Address: Gordon House, Barrow Street, Dublin 4 Contact person’s name, position and contact details: Please contact Wikimedia for the contact
+ information Description of the processing (including a clear delimitation of
+ responsibilities in case several sub-processors are authorised): Hosting
+ of the Wikibase.cloud service 2. Name: Mailgun Technologies, Inc Address: 112 E Pecan St #1135, San Antonio, TX 78205 Contact person’s name, position and contact details: Please contact Wikimedia for the
+ contact information Description of the processing: Email service
+ provisioning (a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of
+ 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
+ (General Data Protection Regulation) (b) The Parties: (i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter
+ “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”),
+ and (ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or
+ indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data
+ importer”) have agreed to these standard contractual clauses (hereinafter: “Clauses”). (c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B. (d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of
+ these Clauses.
+ (a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective
+ legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with
+ respect to data transfers from controllers to processors and/or processors to processors, standard
+ contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified,
+ except to select the appropriate Module(s) or to add or update information in the Appendix. This does not
+ prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider
+ contract and/or to add other clauses or additional safeguards, provided that they do not contradict,
+ directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects.
+
+ (b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of
+ Regulation (EU) 2016/679.
+
+ (a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data
+ exporter and/or data importer, with the following exceptions:
+
+ (i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
+
+ (ii) Clause 8 - Module One: Clause 8.5 (e) and Clause 8.9(b); Module Two: Clause 8.1(b), 8.9(a), (c),
+ (d) and (e); Module Three: Clause 8.1(a), (c) and (d) and Clause 8.9(a), (c), (d), (e), (f) and (g);
+ Module Four: Clause 8.1 (b) and Clause 8.3(b);
+
+ (iii) Clause 9 - Module Two: Clause 9(a), (c), (d) and (e); Module Three: Clause 9(a), (c), (d) and (e);
+
+ (iv) Clause 12 - Module One: Clause 12(a) and (d); Modules Two and Three: Clause 12(a), (d) and (f);
+
+ (v) Clause 13;
+
+ (vi) Clause 15.1(c), (d) and (e);
+
+ (vii) Clause 16(e);
+
+ (viii) Clause 18 - Modules One, Two and Three: Clause 18(a) and (b); Module Four: Clause 18.
+
+ (b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
+
+ (a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the
+ same meaning as in that Regulation.
+
+ (b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU)
+ 2016/679.
+
+ (c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided
+ for in Regulation (EU) 2016/679.
+ In the event of a contradiction between these Clauses and the
+ provisions of related agreements between the Parties, existing at the
+ time these Clauses are agreed or entered into thereafter, these Clauses
+ shall prevail. The details of the transfer(s), and in particular the categories of
+ personal data that are transferred and the purpose(s) for which they are
+ transferred, are specified in Annex I.B.
+ (a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these
+ Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and
+ signing Annex I.A.
+
+ (b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to
+ these Clauses and have the rights and obligations of a data exporter or data importer in accordance with
+ its designation in Annex I.A.
+
+ (c) The acceding entity shall have no rights or obligations arising under these Clauses from the period
+ prior to becoming a Party.
+ The data exporter warrants that it has used reasonable efforts to
+ determine that the data importer is able, through the implementation of
+ appropriate technical and organisational measures, to satisfy its
+ obligations under these Clauses.
+ (a) The data exporter shall process the personal data only on documented instructions from the data
+ importer acting as its controller.
+
+ (b) The data exporter shall immediately inform the data importer if it is unable to follow those
+ instructions, including if such instructions infringe Regulation (EU) 2016/679 or other Union or Member
+ State data protection law.
+
+ (c) The data importer shall refrain from any action that would prevent the data exporter from fulfilling
+ its obligations under Regulation (EU) 2016/679, including in the context of sub-processing or as regards
+ cooperation with competent supervisory authorities.
+
+ (d) After the end of the provision of the processing services, the data exporter shall, at the choice of
+ the data importer, delete all personal data processed on behalf of the data importer and certify to the
+ data importer that it has done so, or return to the data importer all personal data processed on its
+ behalf and delete existing copies.
+
+ (a) The Parties shall implement appropriate technical and organisational measures to ensure the security
+ of the data, including during transmission, and protection against a breach of security leading to
+ accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter
+ “personal data breach”). In assessing the appropriate level of security, they shall take due account of
+ the state of the art, the costs of implementation, the nature of the personal data
+ (b) The data exporter shall assist the data importer in ensuring appropriate security of the data in
+ accordance with paragraph (a). In case of a personal data breach concerning the personal data processed by
+ the data exporter under these Clauses, the data exporter shall notify the data importer without undue
+ delay after becoming aware of it and assist the data importer in addressing the breach.
+
+ (c) The data exporter shall ensure that persons authorised to process the personal data have committed
+ themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
+
+ (a) The Parties shall be able to demonstrate compliance with these Clauses.
+
+ (b) The data exporter shall make available to the data importer all information necessary to demonstrate
+ compliance with its obligations under these Clauses and allow for and contribute to audits.
+ The Parties shall assist each other in responding to enquiries and
+ requests made by data subjects under the local law applicable to the
+ data importer or, for data processing by the data exporter in the EU,
+ under Regulation (EU) 2016/679.
+ (a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any
+ breach of these Clauses.
+
+ (b) Each Party shall be liable to the data subject, and the data subject shall be entitled to receive
+ compensation, for any material or non-material damages that the Party causes the data subject by breaching
+ the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the
+ data exporter under Regulation (EU) 2016/679.
+
+ (c) Where more than one Party is responsible for any damage caused to the data subject as a result of a
+ breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data
+ subject is entitled to bring an action in court against any of these Parties.
+
+ (d) The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim
+ back from the other Party/ies that part of the compensation corresponding to its / their responsibility
+ for the damage.
+
+ (e) The data importer may not invoke the conduct of a processor or sub-processor to avoid its own
+ liability.
+
+ (a) The data importer shall promptly inform the data exporter if it is unable to comply with these
+ Clauses, for whatever reason.
+
+ (b) In the event that the data importer is in breach of these Clauses or unable to comply with these
+ Clauses, the data exporter shall suspend the transfer of personal data to the data importer until
+ compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
+
+ (c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing
+ of personal data under these Clauses, where:
+
+ (i) the data exporter has suspended the transfer of personal data to the data importer pursuant to
+ paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any
+ event within one month of suspension;
+
+ (ii) the data importer is in substantial or persistent breach of these Clauses; or
+
+ (iii) the data importer fails to comply with a binding decision of a competent court or supervisory
+ authority regarding its obligations under these Clauses.
+ In these cases, it shall inform the competent supervisory authority of
+ such non-compliance. Where the contract involves more than two Parties,
+ the data exporter may exercise this right to termination only with
+ respect to the relevant Party, unless the Parties have agreed
+ otherwise.
+
+ (d) Personal data collected by the data exporter in the EU that has been transferred prior to the
+ termination of the contract pursuant to paragraph (c) shall immediately be deleted in its entirety,
+ including any copy thereof. The data importer shall certify the deletion of the data to the data exporter.
+ Until the data is deleted or returned, the data importer shall continue to ensure compliance with these
+ Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the
+ transferred personal data, the data importer warrants that it will continue to ensure compliance with
+ these Clauses and will only process the data to the extent and for as long as required under that local
+ law.
+
+ (e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission
+ adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of
+ personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal
+ framework of the country to which the personal data is transferred. This is without prejudice to other
+ obligations applying to the processing in question under Regulation (EU) 2016/679.
+ These Clauses shall be governed by the law of a country allowing for
+ third-party beneficiary rights. The Parties agree that this shall be the
+ law of Germany (specify country). Any dispute arising from these Clauses shall be resolved by the
+ courts of Germany (specify country).
+
+ Terms Of Use
+
+
+ 1. Definitions
+ 2. Scope and Applicability
+ 3. Conclusion of the Contract and Registration for an Account
+ 4. Creating a Wikibase Instance and its basic functions
+ 5. Rules of the Platform
+
+
6. Moderation of Content
+
+
7. Grant of rights of use
+ 8. Term and Termination
+ 9. Availability and Maintenance
+ 10. Liability
+ 11. Data Protection
+ 12. Miscellaneous
+ Appendix 1: Standard contractual clauses (Commission Implementing
+ Decision (EU) 2021/915 of 4 June 2021)
+ SECTION I
+
+ Clause 1 — Purpose and scope
+ Clause 2 — Invariability of the Clauses
+
+ Clause 3 — Interpretation
+ Clause 4 — Hierarchy
+ SECTION II — OBLIGATIONS OF THE PARTIES
+
+ Clause 5 — Description of processing(s)
+ Clause 6 — Obligations of the Parties
+ 6.1. Instructions
+ 6.2. Purpose limitation
+ 6.3. Duration of the processing of personal data
+ 6.4. Security of processing
+ 6.5. Sensitive data
+ 6.6. Documentation and compliance
+ 6.7. Use of sub-processors
+ 6.8. International transfers
+ Clause 7 — Assistance to the controller
+ Clause 8 — Notification of personal data breach
+ 8.1 Data breach concerning data processed by the controller
+ 8.2 Data breach concerning data processed by the processor
+
+ SECTION III — FINAL PROVISIONS
+
+
+
+ Clause 9 — Non-compliance with the Clauses and termination
+
+ ANNEX I
+ List of parties
+ ANNEX II
+ Description of the processing
+
+
+
+
+
+
+
+
+
+
+
+
+ ANNEX III
+ ANNEX IV
+
+
+
+ Appendix 2: International Standard Contractual Clauses : MODULE FOUR:
+ Transfer processor to controller
+ SECTION I
+ Clause 1 — Purpose and scope
+ Clause 2 — Effect and invariability of the Clauses
+ Clause 3 — Third-party beneficiaries
+ Clause 4 — Interpretation
+ Clause 5 — Hierarchy
+ Clause 6 — Description of the transfer(s)
+ Clause 7 — Optional Docking clause
+ SECTION II — OBLIGATIONS OF THE PARTIES
+
+
+ Clause 8 — Data protection
+ safeguards
+
+
+ 8.1 Instructions
+ 8.2 Security of processing
+ 8.3 Documentation and compliance
+ Clause 9 [not applicable] — Use of sub-processors
+
+ Clause 10 — Data subject rights
+ Clause 11 — Redress
+ Clause 12 — Liability
+ Clause 13 [not applicable] — Supervision
+
+ SECTION III — LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC
+ AUTHORITIES
+ Clause 14 [not applicable]
+ Clause 15 [not applicable]
+
+ SECTION IV — FINAL PROVISIONS
+ Clause 16 — Non-compliance with the Clauses and termination
+ Clause 17 — Governing law
+ Clause 18 — Choice of forum and jurisdiction
+