Legal

Data Processing Agreement (DPA)

This Data Processing Agreement (“DPA”) sets out the terms under which Amplivanta, operator of the Services (the “Processor” or “Service Provider”), processes Personal Data on behalf of its customers (the “Controller” or “Customer”).

GDPR Processor Terms

Processor obligations under EU GDPR Article 28.

International Transfer Framework

SCCs, UK IDTA & other approved mechanisms.

Security & Privacy Controls

Appropriate technical and organizational measures.

This DPA forms part of the Agreement between Amplivanta (Processor) and the Customer. Capitalized terms used but not defined in this DPA have the meanings set forth in the Agreement.

1. IntroductionPurpose and background of this Data Processing Agreement.⌄

This DPA governs the processing of Personal Data by Amplivanta (the Processor) on behalf of the Customer (the Controller) in connection with the Services and forms part of the Agreement between the parties.

2. DefinitionsKey terms used in this Agreement and their meanings.⌄

Capitalized terms such as “Personal Data”, “Processing”, “Controller”, “Processor”, and “Data Subject” have the meanings given under applicable data protection laws, including the GDPR where relevant.

3. Subject Matter & DurationScope of this DPA, effective date and term.⌄

This DPA applies for the duration of the Agreement and for as long as Amplivanta processes Personal Data on behalf of the Customer, and survives to the extent required by applicable law.

4. Nature & Purpose of ProcessingHow and why the Processor processes Personal Data on behalf of the Customer.⌄

Amplivanta processes Personal Data only on documented instructions from the Customer and solely for the purpose of providing, maintaining, and improving the Services.

5. Types of Personal Data & Data SubjectsCategories of Personal Data and individuals whose data is processed.⌄

Processing may involve contact details, account and usage data of the Customer's users, contacts, and end customers, as configured by the Customer within the Services.

6. Processor ObligationsOur responsibilities for processing Personal Data securely and lawfully.⌄

Amplivanta will process Personal Data lawfully, maintain confidentiality, implement appropriate security measures, and assist the Customer in meeting its data-protection obligations.

7. Customer ObligationsCustomer responsibilities as the Controller of Personal Data.⌄

The Customer is responsible for the lawfulness of its instructions, obtaining necessary consents, and ensuring it has the right to transfer Personal Data to Amplivanta for processing.

8. SubprocessorsUse of approved subprocessors and management of sub-processing.⌄

The Customer authorizes Amplivanta to engage subprocessors. We maintain a current subprocessor list and impose data-protection obligations consistent with this DPA on each subprocessor.

9. International TransfersAccountability for transfers of Personal Data outside the EEA/UK.⌄

Where Personal Data is transferred internationally, appropriate safeguards such as Standard Contractual Clauses and the UK IDTA are applied.

10. Data Subject RightsAssistance with data subject requests and rights fulfillment.⌄

Taking into account the nature of processing, Amplivanta assists the Customer in responding to Data Subject requests to exercise their rights under applicable law.

11. Data SecurityTechnical and organizational measures to protect Personal Data.⌄

Amplivanta implements measures including encryption in transit and at rest, access controls, monitoring, and regular testing to protect Personal Data.

12. Security, Personal Data Breaches & Incident ResponseBreach notification, cooperation and incident response obligations.⌄

Amplivanta will notify the Customer without undue delay after becoming aware of a Personal Data breach and will cooperate to investigate and remediate.

13. Data Return & DeletionReturn or deletion of Personal Data at the end of the relationship.⌄

Upon termination, Amplivanta will delete or return Personal Data in accordance with the Customer's instructions and applicable retention obligations.

14. Audit RightsCustomer rights to audit and request information regarding compliance.⌄

Amplivanta will make available information necessary to demonstrate compliance and allow for audits, subject to reasonable confidentiality and security safeguards.

15. General ProvisionsEntire agreement, amendments, severability and other general terms.⌄

This DPA, together with the Agreement, constitutes the entire agreement regarding processing. If any provision is invalid, the remainder continues in effect.

16. Governing Law & DisputesApplicable law and dispute resolution.⌄

This DPA is governed by the law specified in the Agreement, and disputes are resolved in accordance with the Agreement's dispute-resolution provisions.

Schedules, including EU SCCs, UK Addendum, Subprocessor List, Security Measures, and more, are an integral part of this DPA and available upon request.