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belcortes-ts committed Sep 12, 2024
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Expand Up @@ -42,11 +42,11 @@ This Data Processing Addendum (“**DPA**”) is entered into by and between Tai

3.3 **Public Authority Requests.**

3.3.1 To the extent legally permitted, Tailscale will notify you without undue delay if we receive a legally binding request for disclosure of or access to Personal Data from a public authority (including judicial or administrative authorities, or national security or intelligence agencies) or become aware of any direct access by a public authority to Personal Data. Such notification will include information about the Personal Data requested or accessed, the requesting or accessing authority, the legal basis for the request or access, and any response provided. If Tailscale is prohibited by applicable law or regulation from notifying you or disclosing the details of a public authority request to you, Tailscale will use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible.
3.3.1 To the extent legally permitted, Tailscale will notify you without undue delay if we receive a legally binding request for disclosure of or access to Personal Data from a public authority (including judicial or administrative authorities, or national security or intelligence agencies) or become aware of any direct access by a public authority to Personal Data. Such notification will include information about the Personal Data requested or accessed, the requesting or accessing authority, the legal basis for the request or access, and any response provided. If Tailscale is prohibited by applicable law or regulation from notifying you or disclosing the details of a public authority request to you, Tailscale will use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible.

3.3.2 Tailscale will use reasonably available legal mechanisms to challenge any binding legal requests for disclosure of or access to Personal Data made by a public authority that we receive, as well as any non-disclosure provisions attached to any such request. Tailscale will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
3.3.2 Tailscale will use reasonably available legal mechanisms to challenge any binding legal requests for disclosure of or access to Personal Data made by a public authority that we receive, as well as any non-disclosure provisions attached to any such request. Tailscale will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.

3.3.3 To the extent legally permitted, and no more than once per calendar year unless otherwise required by Data Privacy Laws, Tailscale will, upon Customer’s written request, provide a report to Customer regarding binding legal requests for disclosure of or access to Personal Data we have received from public authorities (including with respect to national security requests), such report to include the number of requests, the type of Personal Data requested, the requesting authority(ies), whether the requests have been challenged, and the outcome of such challenges. Requests for such transparency reports should be sent to: [privacy\@tailscale.com](mailto:[email protected]).
3.3.3 To the extent legally permitted, and no more than once per calendar year unless otherwise required by Data Privacy Laws, Tailscale will, upon Customer’s written request, provide a report to Customer regarding binding legal requests for disclosure of or access to Personal Data we have received from public authorities (including with respect to national security requests), such report to include the number of requests, the type of Personal Data requested, the requesting authority(ies), whether the requests have been challenged, and the outcome of such challenges. Requests for such transparency reports should be sent to: [[email protected]](mailto:[email protected]).

3.4 **Supervisory Authorities.** To the extent legally permitted, each party will notify the other party without undue delay of any inspections or measures conducted by that party’s supervisory or regulatory authority, insofar as they relate to this DPA. Each party will cooperate with the supervisory authority of the other party to aid in their supervisory or regulatory authority’s performance of its tasks (insofar as they relate to this DPA) at the reasonable cost and expense of the party being inspected. In addition, at Customer’s reasonable cost and expense, Tailscale will provide Customer with reasonable cooperation and assistance for Customer’s consultation with regulatory authorities in relation to the Processing or proposed Processing of Personal Data, including complying with any obligation applicable to Tailscale under Data Privacy Laws to consult with a supervisory or regulatory authority in relation to Tailscale’s Processing or proposed Processing of Personal Data.

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