cap.qti.qualcomm.comQualcomm® Crash Analysis Portal

Clicking “Accept and Login” below indicates your acknowledgement and agreement, on behalf of the legal entity that you represent, to each of the following sections and provisions: LICENSE Your access to and use of the materials available on this portal are subject to the terms and conditions of a previously executed and currently active contract applicable to the use of test tools of QTI or its affiliates (the “Tools Agreement”), as entered into by and between (i) Qualcomm Technologies, Inc. (“QTI”) or a QTI affiliate and (ii) the legal entity that you represent ((i) and (ii) collectively, the “Parties”). If the legal entity you represent does not have an active Tools Agreement with QTI or a QTI affiliate, you are prohibited from accessing or using this portal. DATA PROCESSING ADDENDUM Each upload of Data (as defined below) into the Qualcomm Crash Analysis Portal is additionally subject to the below Data Processing Addendum to the Tools Agreement (the “Data Processing Addendum”). I. Definitions: a) “Data” means any Personal Information (if applicable), and any information you upload into the Qualcomm Crash Analysis Portal. b) “Data Subject” means the natural person to whom the Personal Information relates. c) “European Economic Area” consists of the following countries: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and United Kingdom. d) “Personal Information” means any data relating to a natural person who (i) can be identified from such data, or (ii) is potentially identifiable from such data either by itself or combination with any other information. e) “Processing” or “Process” means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as: collection, recording, organization, analysis, storage, adaptation, alteration, retrieval, consultation, use, disclosure, transfer, dissemination, access, otherwise making available, alignment, combination, blocking, erasure, or destruction. II. Processing Description a) Types of Data to be processed by the Qualcomm Crash Analysis Portal: Software crash log Data including, but not limited to, information about all the applications running on the device at the time of the software crash including information about Data Subject contacts, GPS location, photographs, videos, payment information, streaming data, websites accessed or stored in cache, phone state, software state, and software and/or hardware errors. b) Categories of Data Subjects: Data Subjects may be your employees, contractors, or temporary workers, or they may be end users of your products and/or services. c) Country location(s) of Data Subjects: Data Subjects may be located in any country in the world unless prohibited by law. d) Country location(s) where the Data will be processed or stored: QTI will process Data in the United States and may transfer Data to any of QTI’s or its affiliated companies’ locations including locations in Asia or Europe. e) Description of the Data processing activities: QTI may use your uploaded crash log Data for so long as reasonable for internal business purposes to identify, troubleshoot, analyze, debug, and otherwise determine the causes of the applicable software crash and develop, test, and resolve software fixes or mitigations to such issues. f) List of sub-processors (e.g., service providers) used by QTI under this Data Processing Addendum: QTI may use its affiliated companies to sub-process the Data under this Data Processing Addendum. III. Data Management Obligations a) Confidentiality. Notwithstanding any other confidentiality obligations between the parties, Personal Information included in the Data shall be considered your confidential information and QTI shall not disclose or provide access to any Personal Information without your written instruction. b) Processing Limitations. QTI may Process and utilize Personal Information contained in the Data solely to the extent necessary to carry out its obligations under this Data Processing Addendum and solely in accordance with your instructions. If QTI believes it is required by law to access, disclose, or otherwise Process Personal Information in any way that exceeds your instructions, QTI will, unless specifically prohibited by law, notify you prior to such Processing and provide you the opportunity to intervene or object as appropriate. c) Sub-processors. Except as specifically provided for in this Data Processing Addendum, QTI shall not share or provide access to Personal Information contained in the Data to any third parties, except upon your prior written consent. d) Compliance with Laws. Each Party shall comply with applicable privacy, data protection and information security laws including, but not limited to, laws, rules, and/or regulations concerning the Processing (including international transfer) of Personal Information (“Data Protection Laws”). e) Assistance. QTI shall provide you with reasonable assistance in allowing Data Subjects to exercise their rights with respect to their Personal Information as required by law. In addition, QTI shall notify you if it receives any complaints from Data Subjects, press, or regulators regarding QTI’s Processing under this Data Processing Addendum and any requests for Data from law enforcement or government. f) Security. QTI shall maintain the Data in an information technology environment designed to prevent unauthorized access by using commercially reasonable security practices in light of the sensitivity of the data including organizational, physical, and technical safeguards. g) Incidents. If QTI becomes aware of any actual or suspected unauthorized access to or disclosure of your Data (“Breach”), QTI will immediately take steps to mitigate and/or remediate any Breach to protect Data and Data Subjects from further risk or harm and will take steps to prevent any similar Breach from occurring in the future. Upon becoming aware of a Breach, QTI shall promptly notify you, consult and cooperate with investigations, any potential required notices, disputes, inquiries, claims, litigation, or regulatory actions arising from the Breach, and provide any information reasonably requested by you. h) Data Deletion. Within a commercially reasonable time after completion of processing of your Data, QTI shall electronically erase, destroy, and render your Data unreadable. IV. GDPR Compliance If and to the extent that any Personal Information relates to Data Subjects resident in the European Economic Area, the Parties shall comply with all requirements that the General Data Protection Regulation 2016/679 (GDPR) imposes on controllers and processors. You, and/or the legal entity you represent, are jointly referred to herein as the controller (with all the legal rights and obligations as set forth under GDPR) and QTI and its affiliates are jointly referred to herein as the processor (with all the legal rights and obligations as set forth under GDPR). Without limiting the generality of the foregoing, processor agrees that it: (a) processes the personal information only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest; also, the processor shall immediately inform the controller if, in its opinion, an instruction infringes the GDPR, national data protection laws in the EU or other applicable law; (b) ensures that persons authorised to process the personal data have co...