DATA PROCESSING ADDENDUM
This DPA shall not replace or supersede any agreement or addendum relating to processing of Personal Data negotiated by User and referenced in the Agreement, and any such individually negotiated agreement or addendum shall apply instead of this DPA.
In the course of providing the Service to User pursuant to the Agreement, App may process Personal Data on behalf of User. App agrees to comply with the following provisions with respect to any Personal Data submitted by or for User to the Service or collected and processed by or for User through the Service. Any capitalized but undefined terms herein shall have the meaning set forth in the Agreement.
Data Processing Terms
In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to processing of Personal Data and privacy that may exist in any relevant jurisdiction.
“data controller”, “data processor”, “data subject”, “Personal Data”, “processing”, and “appropriate technical and organizational measures” shall be interpreted in accordance with applicable Data Protection Legislation;
The User agree that App is the data controller and that Google is its data processor in relation to Personal Data that is processed in the course of providing the Service. App shall comply at all times with Data Protection Legislation in respect of all Personal Data it provided to Google pursuant to the Agreement.
The subject-matter of the data processing covered by this DPA is the Service ordered by User through App. The processing will be carried out until the term of User’s ordering of the Service ceases. Further details of the data processing are set out in Annex 1 hereto.
In respect of Personal Data processed in the course of providing the Service, App:
- Shall process the Personal Data only in accordance with the documented instructions from User (as set out in this DPA or the Agreement or as otherwise notified by User to App (from time to time) If App is required to process the Personal Data for any other purpose provided by applicable law to which it is subject, App will inform User of such requirement prior to the processing unless that law prohibits this on important grounds of public interest;
- Shall implement and maintain appropriate technical and organizational measures designed to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of the Personal Data and having regard to the nature of the Personal Data which is to be protected;
- App remains responsible for its subcontractors’ compliance with the obligations of this DPA. Any subcontractors to whom App transfers Personal Data will have entered into written agreements with App requiring that the subcontractor abide by terms substantially similar to this DPA.
- Shall ensure that all App personnel required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations sets out in this Clause;
- At the User’s request and cost (and insofar as is possible), shall assist the User by implementing appropriate and reasonable technical and organizational measures to assist with the User’s obligation to respond to requests from data subjects under Data Protection Legislation (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the Personal Data) provided that App reserves the right to reimbursement from User for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance;
- At the end of the applicable term of the Service, upon User’s request, shall securely destroy or return such Personal Data to User;
- If App becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to the Personal Data that is processed by App in the course of providing the Service (an “Incident”) under the Agreement it shall without undue delay notify User and provide User (as soon as possible) with a description of the Incident as well as periodic updates to information about the Incident, including its impact on User Content. App shall additionally take action to investigate the Incident and reasonably prevent or mitigate the effects of the Incident;
- App shall provide information requested by User to demonstrate compliance with the obligations set out in this DPA.