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DPA - 2023 - (EU+UK).pdf
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Foqal Data Protection Addendum
Version Effective Date: February 2, 2023
DocuSign Envelope ID: AAA8676A-8CB1-4751-95A1-EFA22D284712
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INTRODUCTION
Foqal, inc “Foqal” and you (the “Customer,” and together with Foqal, the “Parties”)
agree that the Foqal Data Protection and Security Exhibit (“Security Exhibit”)
(together, the "Data Protection Addendum" or “DPA”) sets forth their obligations with
respect to the processing and security of Customer Personal Data (defined herein) in
connection with the Foqal applications and website (the “Service”). Foqal makes the
commitments in this DPA to all customers using the Service. Separate terms,
including different privacy and security terms, govern Customer’s use of non-Foqal
products.
This Data Processing Addendum, together with the Terms of Service found at
https://foqal.io/tos are referred to herein as the “Agreement.”
In the event of any conflict or inconsistency between the DPA and any other terms in
Customer’s agreements with Foqal, the DPA shall prevail. The provisions of the DPA
supersede any conflicting provisions of the Foqal Privacy Policy that otherwise may
apply to processing of Customer Personal Data. For clarity, consistent with Clause 10
of the Standard Contractual Clauses in Attachment 1, the Standard Contractual
Clauses (the “Clauses”) prevail over any other terms in the DPA.
FOQAL DATA PROTECTION
1. Definitions.
1.1. The "Applicable Data Protection Laws" means certain laws, regulations, regulatory
frameworks, or other legislations relating to the processing and use of Customer
Personal Data, as applicable to Customer's use of Foqal and the Foqal Service,
including:
a. The EU General Data Protection Regulation 2016/679 ("GDPR"), along with any
implementing or corresponding equivalent national laws or regulations, once
in effect and applicable; and
b. The California Consumer Privacy Act of 2018, Cal. Civ. Code §§1798.100 et seq.
("CCPA"); and
c. The UK Data Protection Act 2018 and implementation of GDPR contained
therein.
DocuSign Envelope ID: AAA8676A-8CB1-4751-95A1-EFA22D284712
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1.2. "Controller," "Data Subject," "Member State," "Personal Data," "Personal Data
Breach," "Processing," "Processor," and "Supervisory Authority" have the meanings
given to them in the Applicable Data Protection Laws. In the event of a conflict,
the meanings given in the GDPR will supersede.
1.3. "Customer Personal Data" means any Personal Data for which Customer is a
Controller, whether supplied by Customer for processing by Foqal or generated by
Foqal in the course of performing its obligations under the Agreement. It includes
data such as billing information, IP addresses, corporate email addresses, and any
other Personal Data for which Customer is a Controller.
1.4. "Customer Service Data" means any data or information that is uploaded or
created by Customer either directly or indirectly through third party services such
as Slack.
1.5. A "Data Breach" means a Personal Data Breach or any other confirmed or
reasonably suspected breach of Customer's Protected Data.
1.6. "End User" means an individual Data Subject whose Personal Data is being
transferred, stored, or processed by Foqal. For example, each Customer employee
or contractor whose data is processed by Foqal is also a Foqal End User.
1.7. "Permitted Purposes" for data processing are those limited and specific purposes
of providing the Service as set forth in the Agreement, the Foqal Privacy Policy,
and this Exhibit A, or the purposes for which a Data Subject has authorized the
use of Customer Personal Data.
1.8. "Protected Data" includes any Customer Personal Data and any Customer Data
processed by Foqal on behalf of Customer under the Agreement.
1.9. "Sensitive Data" means any Customer Personal Data revealing racial or ethnic
origin; political opinions, religious or philosophical beliefs or trade union
membership; processing of genetic data or biometric data for the purposes of
uniquely identifying a natural person; data concerning health, a natural person's
sex life or sexual orientation; and data relating to offences, criminal convictions,
or security measures.
2. Status and Compliance.
2.1 Data Processing.
Foqal acts as a Processor in regard to any Customer Personal Data it receives
in connection with the Agreement, and Foqal will process Customer Personal
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