If You are situated in a country outside the European Union (EU) and the European Economic Area (EEA) and Your processing of Personal Data is not subject to the GDPR, the Standard Contractual Clauses (SCCs) shall apply.
The SCCs are modular, containing sections that relate to a specific type of entity or transfer. For the purpose of Hotjar’s Terms of Service and any transfer of Personal Data to third countries, only the modular sections in Module 4 (Processor-Controller) shall apply, in addition to all general sections, subject to the following:
- The optional clause 7 “Docking clause” shall not apply.
- The certification of deletion required by Clause 8.1(d) of the SCCs will be provided upon your written request;
- The assistance Hotjar is required to provide under Clause 8.2(b) of the SCCs is that assistance required of Hotjar under the Applicable Law of Hotjar’s Terms of Service.
- The audit described in Clause 8.3(b) of the SCCs will be carried out in accordance Hotjar’s Terms of Service.
- The optional paragraph in clause 11 (a) “Redress” shall not apply.
- With regard to clause 17 “Governing Law”, the “Governing Law and Jurisdiction” clause of Hotjar’s Terms of Service shall apply.
- With regard to clause 18 “Choice of Forum and Jurisdiction”, any dispute arising from the SCCs shall be resolved by the courts of Malta.
- With regard to Annex I A. Hotjar shall be the “data exporter” acting as a “processor” and You shall be the “data importer” acting as a “controller”.
- With regard to Annex B. “Description of the transfer” these categories of personal data shall be processed. The persons affected by the processing of their Personal Data include end-users of Your sites that make use of Your Hotjar Enabled Site.