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windows/privacy/windows-public-preview-terms.md
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These Terms govern your use of the preview described below (“**Preview**”). In order to access the Preview, you must be a current Microsoft Windows customer with an Azure Active Directory (“**AAD**”) subscription. The Preview consists of features and services that are in preview, beta, or other pre-release form for use with Windows and AAD.
**Section 1. Definitions**. The following terms have the following meanings:</br></br>
>(a) "**Customer Data**" means all data, including all text, sound, video, or image files that are provided to Microsoft by, or on behalf of, you through your use of Windows or AAD.</br></br>
(b) "**Feedback**" means, collectively, suggestions, comments, feedback, ideas, or know-how, in any form, that you or your users provide to Microsoft about Microsoft’s business, products, or services.</br></br>
(c) "**Personal Data**" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.</br></br>
(d) "**Preview Data**" means all data, including all text, sound, video, or image files that are provided to Microsoft by, or on behalf of, you through use of the Services.</br></br>
**Section 1. Definitions**. The following terms have the following meanings:
(a) "**Customer Data**" means all data, including all text, sound, video, or image files that are provided to Microsoft by, or on behalf of, you through your use of Windows or AAD.</
(b) "**Feedback**" means, collectively, suggestions, comments, feedback, ideas, or know-how, in any form, that you or your users provide to Microsoft about Microsoft’s business, products, or services.
(c) "**Personal Data**" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(d) "**Preview Data**" means all data, including all text, sound, video, or image files that are provided to Microsoft by, or on behalf of, you through use of the Services.
(e) "**Subprocessor**" means other processors used by Microsoft to process Personal Data.
**Section 2. Scope of Services**. The Preview is for a service that enables organizations to become controllers of Windows diagnostic data on supported versions of Windows, with Microsoft operating as processor of the data (collectively, the “**_Services_**”). You will collaborate with Microsoft in order to provide Microsoft the ability to enable the Services for you. To access the Services, you will need to configure participating Windows devices; Microsoft will assist you in such configuration via documentation or other communications.
@ -42,10 +47,6 @@ c. **Acceptable Use**. Neither you, nor those that access the Services through
d. **Data Collection, Use and Location**. The Microsoft Privacy Statement https://privacy.microsoft.com/privacystatement applies to the collection, use and location of Preview Data. In the event of a conflict between Privacy Statement and the terms of these Terms, the terms of these Terms will control.
**Section 4. Confidentiality**. The following confidentiality terms apply to the Preview:
a. During the Term plus 5 years, the parties will hold in strictest confidence and not use or disclose to any third party any Confidential Information of the other party. “Confidential Information” means all non-public information a party designates in writing or orally as being confidential, or which under the circumstances of disclosure ought to be treated as confidential. Confidential Information includes information relating to:
@ -55,7 +56,7 @@ a. During the Term plus 5 years, the parties will hold in strictest confidence a
(iv) a party’s business policies or practices;</br></br>
(v) a party’s customers or suppliers;</br></br>
(vi) information received from others that a party must treat as confidential; and</br></br>
(viii) information provided, obtained, or created by a party under these Terms, including:</br></br>
(viii) information provided, obtained, or created by a party under these Terms, including:
* information in reports;
* the parties’ electronic or written correspondence, customer lists and customer information, regardless of source;
* Personal Data; and
@ -73,6 +74,7 @@ c. Each party will employ security procedures to prevent disclosure of the other
(vii) employee training.
**Section 5. Data Protection.**
a. **Generally**. To the extent Microsoft is a processor of Personal Data, the General Data Protection Regulation (GDPR) Terms in Appendix 1 govern that processing and the parties also agree to the following terms:
i. Processing Details: The parties agree that:
@ -109,7 +111,7 @@ e. **Assignment**. You may not assign these Terms or delegate any of your rights
f. **Entire Agreement.** These Terms are the entire agreement between the parties regarding its subject matter and replaces all prior agreements, communications, and representations between the parties regarding its subject matter.</br></br>
g. **Survival.** Sections 3.b, 4, 7 (with respect to post-termination obligations), and 8-10 will survive these Terms’ expiration or termination.
## <p style="text-align: center;">Appendix 1: GDPR Terms</p>
### <p style="text-align: center;">Appendix 1: GDPR Terms</p>
For purposes of these GDPR Terms, you and Microsoft agree that you are the controller of Personal Data and Microsoft is the processor of such data, except when you act as a processor of Personal Data, in which case Microsoft is a subprocessor. These GDPR Terms apply to the processing of Personal Data, within the scope of the GDPR, by Microsoft on your behalf. These GDPR Terms do not limit or reduce any data protection commitments Microsoft makes to you in other agreement between Microsoft and you. These GDPR Terms do not apply where Microsoft is a controller of Personal Data.
@ -117,7 +119,8 @@ For purposes of these GDPR Terms, you and Microsoft agree that you are the contr
1. Microsoft shall not engage another processor without prior specific or your general written authorization. In the case of general written authorization, Microsoft shall inform you of any intended changes concerning the addition or replacement of other processors, thereby giving you the opportunity to object to such changes. (Article 28(2))
2. Processing by Microsoft shall be governed by these GDPR Terms under European Union (hereafter “Union”) or Member State law and are binding on Microsoft with regard to you. The subject-matter and duration of the processing, the nature and purpose of the processing, the type of Personal Data, the categories of data subjects and your obligations and rights are set forth in the Terms above, including these GDPR Terms. In particular, Microsoft shall:</br></br>
2. Processing by Microsoft shall be governed by these GDPR Terms under European Union (hereafter “Union”) or Member State law and are binding on Microsoft with regard to you. The subject-matter and duration of the processing, the nature and purpose of the processing, the type of Personal Data, the categories of data subjects and your obligations and rights are set forth in the Terms above, including these GDPR Terms. In particular, Microsoft shall:
(a) process the Personal Data only on your documented instructions, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by Union or Member State law to which Microsoft is subject; in such a case, Microsoft shall inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;</br></br>
(b) ensure that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;</br></br>
(c) take all measures required pursuant to Article 32 of the GDPR;</br></br>