If Pinecone adds a new subprocessor and a business customer objects, the customer has 15 days to raise a written objection. If Pinecone and the customer cannot resolve the dispute within 14 days, the customer's only option is to cancel the affected service subscriptions and receive a refund of unused prepaid amounts.
This analysis describes what Pinecone'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
This clause limits Customer's contractual remedies on subprocessor disputes to termination with prepaid refund, foreclosing other remedies such as damages or injunctive relief. The 15-day objection window is operationally tight for organizations with complex procurement or legal review processes.
Business customers who cannot accept a new subprocessor on data protection grounds have no remedy beyond partial contract termination under this clause. The 15-day window requires business customers to have active monitoring of the Subprocessor List notification mechanism to preserve this right.
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"Customer may object to Pinecone's appointment of a new Subprocessor on reasonable data protection grounds by notifying Pinecone in writing at privacy@pinecone.io within 15 days of an Update Notice (an "Objection Notice"). In such event, Pinecone and Customer will discuss those objections in good faith with a view to achieving resolution. If the Parties are unable to achieve resolution within 14 days of the applicable Objection Notice, Customer, as its sole and exclusive remedy, may terminate its Service subscriptions with respect to those aspects of Services which cannot be provided by Pinecone without the use of the new Subprocessor and Pinecone will refund to Customer any associated unused amounts prepaid by Customer.Excerpt from Pinecone's Data Processing Addendum
1) REGULATORY LANDSCAPE: This provision engages GDPR Article 28(2), which requires that processors not engage sub-processors without prior specific or general written authorization of the controller.
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This clause limits Customer's contractual remedies on subprocessor disputes to termination with prepaid refund, foreclosing other remedies such as damages or injunctive relief. The 15-day objection window is operationally tight for organizations with complex procurement or legal review processes.
Business customers who cannot accept a new subprocessor on data protection grounds have no remedy beyond partial contract termination under this clause. The 15-day window requires business customers to have active monitoring of the Subprocessor List notification mechanism to preserve this right.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Pinecone.