This analysis describes what Neon's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The provision creates a structured allocation of data protection obligations between Neon and its customers. By incorporating the DPA by reference, the clause establishes that data processing terms are documented in a separate agreement and that customers retain responsibility for compliance with applicable data protection laws and notification requirements.
Customers who process Personal Data through the service must operate under the terms of the separately-referenced DPA and bear responsibility for determining whether a lawful basis exists for their processing activities and for delivering required disclosures to data subjects. The clause establishes that these obligations apply whenever Personal Data flows through the Platform Services.
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"To the extent Customer uses the Platform Services to process Personal Data (as defined under applicable data protection laws), such processing will be subject to the Data Processing Addendum ('DPA') available at neon.com/dpa, which is incorporated herein by reference. Customer is responsible for ensuring it has a lawful basis for processing Personal Data through the Platform Services and for providing any required notices to data subjects.— Excerpt from Neon's Neon Terms of Service
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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The provision creates a structured allocation of data protection obligations between Neon and its customers. By incorporating the DPA by reference, the clause establishes that data processing terms are documented in a separate agreement and that customers retain responsibility for compliance with applicable data protection laws and notification requirements.
Customers who process Personal Data through the service must operate under the terms of the separately-referenced DPA and bear responsibility for determining whether a lawful basis exists for their processing activities and for delivering required disclosures to data subjects. The clause establishes that these obligations apply whenever Personal Data flows through the Platform Services.
ConductAtlas has identified this type of provision across 7 platforms. See the full comparison.
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