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This Data Processing Agreement (“DPA”) is made and entered into as of this ______________ day of
_________________, 202____ forms part of the commercial Agreement (the “Agreement”). You
acknowledge that you, on behalf of [________________________] incorporated under
___________________________ law, with its principal offices located at ___________________________________
(“Organization”) (collectively, ”You”, ”Your”, “Customer”, or “Data Controller”) have read and
understood and agree to comply with this DPA, and are entering into a binding legal agreement with
Appwrite as defined below (“Appwrite”, ”Us”, ”We”, ”Our”, “Service Provider” or “Data Processor”) to
reflect the parties’ agreement with regard to the Processing of Personal Data (as such terms are
defined below). Both parties shall be referred to as the “Parties” and each, a “Party”.
Whereas, Appwrite shall provide the services set forth in the Agreement (collectively, the “Services”)
for Customer, as described in the Agreement; and
Whereas, In the course of providing the Services pursuant to the Agreement, we may process
Personal Data on your behalf, in the capacity of a “Data Processor”; and the Parties wish to set forth
the arrangements concerning the processing of Personal Data (defined below) within the context of
the Services and agree to comply with the following provisions with respect to any Personal Data, each
acting reasonably and in good faith.
Now therefore, in consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the
parties, intending to be legally bound, agree as follows:
1. Interpretation and definitions
1.1 The headings contained in this DPA are for convenience only and shall not be interpreted to limit
or otherwise affect the provisions of this DPA. References to clauses or sections are references
to the clauses or sections of this DPA unless otherwise stated. Words used in the singular
include the plural and vice versa, as the context may require. Capitalized terms not defined
herein shall have the meanings assigned to such terms in the Agreement. Definitions:
(a) “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under
common control with the subject entity. “Control”, for purposes of this definition, means
direct or indirect ownership or control of more than 50% of the voting interests of the
subject entity.
(b) “Authorized Affiliate” means any of Customer’s Affiliate(s) which (a) is subject to the Data
Protection Laws And Regulations of the European Union, the European Economic Area
and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to
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use the Services pursuant to the Agreement between Customer and Appwrite, but has not
signed its own agreement with Appwrite and is not a “Customer” as defined under the
Agreement.
(c) “Appwrite” means the relevant Appwrite entity of the following Appwrite legal entities as
specified in this DPA and/or in the Agreement, including: Appwrite Code LTD and Appwrite
Code, Inc.
(d) “Appwrite Group” means Appwrite and its Affiliates engaged in the Processing of Personal
Data.
(e) “Controller” or “Data Controller” means the entity which determines the purposes and
means of the Processing of Personal Data. For the purposes of this DPA only, and except
where indicated otherwise, the term “Data Controller” shall include the Organization and/or
the Organization’s Authorized Affiliates.
(f) “CCPA” means the California Consumer Privacy Act of 2018 and its modifications and
amendments.
(g) “Data Protection Laws and Regulations” means all laws and regulations of the European
Union, the European Economic Area and their Member States, the United Kingdom, and the
Israeli Privacy Protection Law, 1981 and the regulations promulgated thereunder (including
Privacy Protection Regulations (Transfer of Data to Databases Abroad), 5761-2001 and
Privacy Protection Regulations (Data Security), 5777-2017), and any binding instructions,
guidelines and requirements of the Israeli Privacy Protection Authority, as applicable to the
Processing of Personal Data under the Agreement.
(h) “Data Subject” means the identified or identifiable person to whom the Personal Data
relates.
(i) “Member State” means a country that belongs to the European Union and/or the European
Economic Area. “Union” means the European Union.
(j) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard to the processing of
personal data and on the free movement of such data, and repealing Directive 95/46/EC
(General Data Protection Regulation).
(k) “Personal Data” or “Personal Information” 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, as defined under Data Protection Laws and Regulations and/or under the
CCPA, as applicable. For the avoidance of doubt, Customer's business contact information
is not by itself deemed to be Personal Data subject to this DPA.
(l) “Process(ing)” means any operation or set of operations which is performed upon Personal
Data, whether or not by automatic means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction.
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(m) “Processor” or “Data Processor” means the entity which Processes Personal Data on behalf
of the Controller.
(n) “Security Documentation” means the Security Documentation applicable to the specific
Services purchased by Customer, as updated from time to time. Customer can send a
request to privacy@appwrite.io to receive a copy of the Security Documentation.
(o) “Standard Contractual Clauses” or “SCCs” means (i) the standard contractual clauses for
the transfer of Personal Data to Data processors established in third countries which do not
ensure an adequate level of protection as set out in Regulation (EU) 2016/679 of the
European Parliament and of the Council from June 4, 2021, as available here, as updated,
amended, replaced or superseded from time to time by the European Commission; or (ii)
where required from time to time by a supervisory authority for use with respect to any
specific restricted transfer, any other set of contractual clauses or other similar mechanism
approved by such Supervisory Authority or by Applicable Laws for use in respect of such
Restricted Transfer, as updated, amended, replaced or superseded from time to time by
such Regulatory Authority or Data Protection Laws and Regulations;
(p) “Sub-processor” means any Processor engaged by Appwrite and/or Appwrite Affiliate to
Process Personal Data on behalf of Customer.
(q) “Supervisory Authority” means an independent public authority which is established by an
EU Member State pursuant to the GDPR.
(r) “UK GDPR” means the Data Protection Act 2018, as updated, amended, replaced or
superseded from time to time by the ICO.
(s) “UK Standard Contractual Clauses” or “UK SCCs” means the standard contractual clauses
for the transfer of Personal Data to Data processors established in third countries which do
not ensure an adequate level of protection as set out by the ICO, as available here, as
updated, amended, replaced or superseded from time to time by the ICO.
2. Processing of personal data
2.1 The Parties acknowledge and agree that with regard to the Processing of Personal Data under
this DPA Appwrite is the Data Processor and Appwrite or members of the Appwrite Group may
engage Sub-processors pursuant to the requirements set forth in Section 5 “Sub-processors”
below. For clarity, this DPA shall not apply with respect to Appwrite processing activity as a Data
Controller with respect to Appwrite data as detailed in Appwrite’s privacy policy.
2.2 Customer shall, in its use of the Services, Process Personal Data in accordance with the
requirements of Data Protection Laws and Regulations and comply at all times with the
obligations applicable to data controllers (including, without limitation, Article 24 of the GDPR).
For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall
comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for
the means by which Customer acquired Personal Data. Without limitation, Customer shall
comply with any and all transparency-related obligations (including, without limitation,
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displaying any and all relevant and required privacy notices or policies) and shall at all times
have any and all required ongoing legal bases in order to collect, Process and transfer to
Appwrite the Personal Data and to authorize the Processing by Appwrite of the Personal Data
which is authorized in this DPA. Customer shall defend, hold harmless and indemnify Appwrite,
its Affiliates and subsidiaries (including without limitation their directors, officers, agents,
subcontractors and/or employees) from and against any liability of any kind related to any
breach, violation or infringement by Customer and/or its authorized users of any Data Protection
Laws and Regulations and/or this DPA and/or this Section.
2.3 Appwrite’s Processing of Personal Data
2.3.1 Subject to the Agreement, Appwrite shall Process Personal Data that is subject to this
DPA only in accordance with Customer’s documented instructions as necessary for the
performance of the Services and for the performance of the Agreement and this DPA,
unless required to otherwise by Union or Member State law or any other applicable law
to which Appwrite and its Affiliates are subject, in which case, Appwrite shall inform the
Customer of the legal requirement before processing, unless that law prohibits such
information on important grounds of public interest. The duration of the Processing, the
nature and purposes of the Processing, as well as the types of Personal Data Processed
and categories of Data Subjects under this DPA are further specified in Schedule 1
(Details of the Processing) to this DPA.
2.3.2 To the extent that Appwrite or its Affiliates cannot comply with a request (including,
without limitation, any instruction, direction, code of conduct, certification, or change of
any kind) from Customer and/or its authorized users relating to Processing of Personal
Data or where Appwrite considers such a request to be unlawful, Appwrite (i) shall
inform Customer, providing relevant details of the problem (but not legal advice), (ii)
Appwrite may, without any kind of liability towards Customer, temporarily cease all
Processing of the affected Personal Data (other than securely storing those data), and
(iii) if the Parties do not agree on a resolution to the issue in question and the costs
thereof, each Party may, as its sole remedy, terminate the Agreement and this DPA with
respect to the affected Processing, and Customer shall pay to Appwrite all the amounts
owed to Appwrite or due before the date of termination. Customer will have no further
claims against Appwrite (including, without limitation, requesting refunds for Services)
due to the termination of the Agreement and/or the DPA in the situation described in this
paragraph (excluding the obligations relating to the termination of this DPA set forth
below).
2.3.3 Appwrite will not be liable in the event of any claim brought by a third party, including,
without limitation, a Data Subject, arising from any act or omission of Appwrite, to the
extent that such is a result of Customer’s instructions.
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3. Rights of data subjects
If Appwrite receives a request from a Data Subject to exercise its rights as laid down in Chapter
III of the GDPR (“Data Subject Request”), Appwrite shall, to the extent legally permitted, promptly
notify and forward such Data Subject Request to Customer. Taking into account the nature of the
Processing, Appwrite shall use commercially reasonable efforts to assist Customer by
appropriate technical and organizational measures, insofar as this is possible, for the fulfilment
of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and
Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising
from Appwrite’s provision of such assistance.
4. Appwrite personnel
4.1 Appwrite shall grant access to the Personal Data to persons under its authority (including,
without limitation, its personnel) only on a need to know basis and ensure that such persons
engaged in the Processing of Personal Data have committed themselves to confidentiality or are
under an appropriate statutory obligation of confidentiality.
4.2 Appwrite may disclose and Process the Personal Data (a) as permitted hereunder (b) to the
extent required by a court of competent jurisdiction or other Supervisory Authority and/or
otherwise as required by applicable laws or applicable Data Protection Laws and Regulations (in
such a case, Appwrite shall inform the Customer of the legal requirement before the disclosure,
unless that law prohibits such information on important grounds of public interest), or (c) on a
“need-to-know” basis under an obligation of confidentiality to legal counsel(s), data protection
advisor(s), accountant(s), investors or potential acquirers.
5. Authorization regarding sub-processors
5.1 Appwrite’s current list of Sub-processors is included in Schedule 2 (“Sub-processor List”) and
is hereby approved by Data Controller. Customer hereby grants a general authorization to
Appwrite to appoint new Sub-processors, and Appwrite shall comply with the conditions below.
5.2 Customer may reasonably object to Appwrite’s use of a Sub-processor for reasons related to
the GDPR by notifying Appwrite promptly in writing within three (3) business days after receipt
of Appwrite’s notice (which will be provided by email, in-app notification/alert or by other
means) and Customer's written objection shall include the reasons related to the GDPR for
objecting to Appwrite’s use of such Sub-processor. Failure to object to such Sub-processor in
writing within three (3) business days following Appwrite’s notice shall be deemed as
acceptance of the Sub-Processor. In the event Customer reasonably objects to a
Sub-processor, as permitted in the preceding sentences, Appwrite will use reasonable efforts to
make available to Customer a change in the Services or recommend a commercially reasonable
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change to Customer’s use of the Services to avoid Processing of Personal Data by the
objected-to Sub-processor without unreasonably burdening the Customer. If Appwrite is unable
to make available such change within a reasonable period of time, which shall not exceed thirty
(30) days, Customer may, as a sole remedy, terminate the applicable Agreement and this DPA
with respect only to those Services which cannot be provided by Appwrite without the use of
the objected-to Sub-processor by providing written notice to Appwrite provided that all amounts
due under the Agreement before the termination date with respect to the Processing at issue
shall be duly paid to Appwrite. Until a decision is made regarding the Sub-processor, Appwrite
may temporarily suspend the Processing of the affected Personal Data. Customer will have no
further claims against Appwrite due to the termination of the Agreement (including, without
limitation, requesting refunds) and/or the DPA in the situation described in this paragraph.
5.3 This Section 5 shall not apply to subcontractors of Appwrite which provide ancillary services to
support the performance of the DPA. This includes, for example, telecommunication services,
maintenance and user service, cleaning staff, or auditors.
6. Security
6.1 Taking into account the state of the art, the costs of implementation, the scope, the context, the
purposes of the Processing as well as the risk of varying likelihood and severity for the rights
and freedoms of natural persons, Appwrite shall maintain all industry-standard technical and
organizational measures required pursuant to Article 32 of the GDPR for protection of the
security (including protection against unauthorized or unlawful Processing and against
accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or
access to, Personal Data), confidentiality and integrity of Personal Data, as set forth in the
Security Documentation which are hereby approved by Customer. Upon the Customer’s
request, Appwrite will use commercially reasonable efforts to assist Customer, at Customer’s
cost, in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR
taking into account the nature of the processing, the state of the art, and the information
available to Appwrite.
6.2 Upon Customer’s written request at reasonable intervals, and subject to the confidentiality
obligations set forth in the Agreement and this DPA, Appwrite shall make available to Customer
that is not a competitor of Appwrite (or Customer’s independent, third-party auditor that is not a
competitor of Appwrite) relevant information to demonstrate compliance with this DPA, and
such information shall not be used for any other purpose or disclosed to any third party without
Appwrite’s prior written approval and, upon Appwrite’s first request, Customer shall return all
records or documentation in Customer’s possession or control provided by Appwrite in the
context of the audit and/or the certification). At Customer’s cost and expense, Appwrite shall
allow for and contribute to audits, including inspections of Appwrite’s, conducted by the
controller or another auditor mandated by the controller (who is not a direct or indirect
competitor of Appwrite) provided that the parties shall agree on the scope, methodology, timing
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and conditions of such audits and inspections. Notwithstanding anything to the contrary, such
audits and/or inspections shall not contain any information, including without limitation, personal
data that does not belong to Customer.
6.3 Nothing in this DPA will require Appwrite either to disclose to Customer (and/or its authorized
auditors), or provide access to: (i) any data of any other customer of Appwrite; (ii) Appwrite’s
internal accounting or financial information; (iii) any trade secret of Appwrite; or (iv) any
information that, in Appwrite’s sole reasonable discretion, could compromise the security of any
of Appwrite’s systems or premises or cause Appwrite to breach obligations under any
applicable law or its obligations to any third party.
7. Personal data incident management and notification
Appwrite shall notify Customer without undue delay after becoming aware of the accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data,
including Personal Data, transmitted, stored or otherwise Processed by Appwrite of which
Appwrite becomes aware (a “Personal Data Incident”). Appwrite shall make reasonable efforts
to identify the cause of such Personal Data Incident and take those steps as Appwrite deems
necessary, possible and reasonable in order to remediate the cause of such a Personal Data
Incident to the extent the remediation is within Appwrite’s reasonable control. In any event,
Customer will be the party responsible for notifying supervisory authorities and/or concerned
data subjects (where required by Data Protection Laws and Regulations).
8. Return and deletion of personal
Subject to the Agreement, Appwrite shall, at the choice of Customer, delete or return the
Personal Data to Customer after the end of the provision of the Services relating to Processing,
and shall delete existing copies unless applicable law requires storage of the Personal Data. In
any event, to the extent required or allowed by applicable law, Appwrite may retain one copy of
the Personal Data for evidence purposes and/or for the establishment, exercise or defence of
legal claims and/or to comply with applicable laws and regulations. If the Customer requests the
Personal Data to be returned, the Personal Data shall be returned in the format generally
available for Appwrite’s Customers.
9. Authorized affiliates
9.1 The Parties acknowledge and agree that, by executing the DPA, the Customer enters into the
DPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates,
thereby establishing a separate DPA between Appwrite. Each Authorized Affiliate agrees to be
bound by the obligations under this DPA. All access to and use of the Services by Authorized
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Affiliates must comply with the terms and conditions of the Agreement and this DPA and any
violation of the terms and conditions therein by an Authorized Affiliate shall be deemed a
violation by Customer.
9.2 The Customer shall remain responsible for coordinating all communication with Appwrite under
the Agreement and this DPA and shall be entitled to make and receive any communication in
relation to this DPA on behalf of its Authorized Affiliates.
10. Transfers of data
10.1 Personal Data may be transferred from the EU Member States, the three EEA member countries
(Norway, Liechtenstein and Iceland) (collectively, “EEA”), the United Kingdom to countries that
offer adequate level of data protection under or pursuant to the adequacy decisions published
by the relevant data protection authorities of the EEA, the Union, the Member States or the
European Commission, the UK supervisory authority (“Adequacy Decisions”), without any
further safeguard being necessary.
10.2 To the extent that there is Processing of Personal Data which includes transfers from the EEA,
the UK to countries which do not offer adequate level of data protection or which have not been
subject to an Adequacy Decision (“Other Countries”), the below terms shall apply:
a) With respect to the EU transfers of Personal Data, Customer as a Data Exporter (as defined
in the SCCs) and Appwrite on behalf of itself and each Appwrite Affiliate (as applicable) as
a Data Importer (as defined in the SCCs) hereby enter into the SCC set out in Schedule 3.
To the extent that there is any conflict or inconsistency between the terms of the SCC and
the terms of this DPA, the terms of the SCC shall take precedence.
b) With respect to the UK transfers of Personal Data (from the UK to other countries which
have not been subject to a relevant Adequacy Decision), Customer as a Data Exporter (as
defined in the UK SCCs) and Appwrite on behalf of itself and each Appwrite Affiliate (as
applicable) as a Data Importer (as defined in the UK SCCs), hereby enter into the UK SCC
set out in Schedule 3. To the extent that there is any conflict or inconsistency between the
terms of the UK SCC and the terms of this DPA, the terms of the UK SCC shall take
precedence.
11. Termination
This DPA shall automatically terminate upon the termination or expiration of the Agreement
under which the Services are provided. Sections 2.2, 2.3.3, 8 and 13 shall survive the
termination or expiration of this DPA for any reason. This DPA cannot, in principle, be terminated
separately to the Agreement, except where the Processing ends before the termination of the
Agreement, in which case, this DPA shall automatically terminate.
12. CCPA
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To the extent that the Personal Data is subject to the CCPA, Appwrite shall not sell or share
Customer's Personal Data. Appwrite acknowledges that when processing Personal Data in the
context of the provision of the Services, Customer is not selling or sharing Personal Data to
Appwrite. Appwrite agrees not to retain, use or disclose Customer Personal Data: (i) for any
purpose other than the Business Purpose (as defined below); (ii) for no other commercial or
Business Purpose; or (iii) outside the direct business relationship between Appwrite and
Customer. Notwithstanding the foregoing, Appwrite may use, disclose, or retain Customer
Personal Data to: (i) transfer the Personal Data to other Appwrite’s entities (including, without
limitation, affiliates and subsidiaries), service providers, third parties and vendors, in order to
provide the Services to Customer; (ii) to comply with, or as allowed by, applicable laws; (iii) to
defend legal claims or comply with a law enforcement investigation; (ii) for internal use by
Appwrite to build or improve the quality of its services and/or for any other purpose permitted
under the CCPA; (iii) to detect data security incidents, or protect against fraudulent or illegal
activity; and (iv) collect and analyze anonymous information. Appwrite shall use commercially
reasonable efforts to comply with its obligations under CCPA. If Appwrite becomes aware of any
material applicable requirement (to Appwrite as a service provider) under CCPA that Appwrite
cannot comply with, Appwrite shall use commercially reasonable efforts to notify Customer.
Upon written Customer’s notice, Appwrite shall use commercially reasonable and appropriate
steps to stop and remediate Appwrite’s alleged unauthorized use of Personal Data; provided
that Customer must explain and demonstrate in the written notice which processing activity of
Personal Data it considers to be unauthorized and the applicable reasons. Appwrite shall use
commercially reasonable efforts to enable Customer to comply with consumer requests made
pursuant CCPA. Notwithstanding anything to the contrary, Customer shall be fully and solely
responsible for complying with its own requirements under CCPA. “Business purpose” means
the Processing activities that Appwrite will perform to provide Services (as described in the
Agreement), this DPA and any other instruction from Customer, as otherwise permitted by
applicable law, including, CCPA and the applicable regulations, or as otherwise necessary to
provide the Services to Customer.
13. Relationship with agreement
In the event of any conflict between the provisions of this DPA and the provisions of the
Agreement, the provisions of this DPA shall prevail over the conflicting provisions of the
Agreement. Notwithstanding anything to the contrary in the Agreement and/or in any agreement
between the parties and to the maximum extent permitted by law: (A) Appwrite’s (including
Appwrite’s Affiliates’) entire, total and aggregate liability, related to personal data or information,
privacy, or for breach of, this DPA and/or Data Protection Laws and Regulations, including,
without limitation, if any, any indemnification obligation or applicable law regarding data
protection or privacy, shall be limited to the amounts paid to Appwrite under the Agreement
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within twelve (12) months preceding the event that gave rise to the claim. This limitation of
liability is cumulative and not per incident; (B) In no event will Appwrite and/or Appwrite
Affiliates and/or their third-party providers, be liable under, or otherwise in connection with this
DPA for: (i) any indirect, exemplary, special, consequential, incidental or punitive damages; (ii)
any loss of profits, business, or anticipated savings; (iii) any loss of, or damage to data,
reputation, revenue or goodwill; and/or (iv) the cost of procuring any substitute goods or
services; and (C) The foregoing exclusions and limitations on liability set forth in this Section
shall apply: (i) even if Appwrite, Appwrite Affiliates or third-party providers, have been advised,
or should have been aware, of the possibility of losses or damages; (ii) even if any remedy in
this DPA fails of its essential purpose; and (iii) regardless of the form, theory or basis of liability
(such as, but not limited to, breach of contract or tort).
14. Amendments
This DPA may be amended at any time by a written instrument duly signed by each of the
Parties.
15. Legal effect
This DPA shall only become legally binding between Customer and Appwrite when the
formalities steps set out in the Section “INSTRUCTIONS ON HOW TO EXECUTE THIS DPA”
below have been fully completed. Appwrite may assign this DPA or its rights or obligations
hereunder to any Affiliate thereof, or to a successor or any Affiliate thereof, in connection with a
merger, consolidation or acquisition of all or substantially all of its shares, assets or business
relating to this DPA or the Agreement. Any Appwrite obligation hereunder may be performed (in
whole or in part), and any Appwrite right (including invoice and payment rights) or remedy may
be exercised (in whole or in part), by an Affiliate of Appwrite.
16. Signature
The Parties represent and warrant that they each have the power to enter into, execute, perform
and be bound by this DPA. You, as the signing person on behalf of Customer, represent and
warrant that you have, or you were granted, full authority to bind the Organization and, as
applicable, its Authorized Affiliates to this DPA. If you cannot, or do not have authority to, bind
the Organization and/or its Authorized Affiliates, you shall not supply or provide Personal Data
to Appwrite. By signing this DPA, Customer enters into this DPA on behalf of itself and, to the
extent required or permitted under applicable Data Protection Laws and Regulations, in the
name and on behalf of its Authorized Affiliates, if and to the extent that Appwrite processes
Personal Data for which such Authorized Affiliates qualify as the/a “data controller”.
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This DPA has been pre-signed on behalf of Appwrite.
Instructions on how to execute this DPA.
1. To complete this DPA, you must complete the missing information
2. Send the completed and signed DPA to us by email, indicating the Customer’s name, to
privacy@appwrite.io
3. We will send back a signed version from us
List of Schedules
● Schedule 1 - Details of the processing
● Schedule 2 - Sub-processor list
● Schedule 3 - Standard contractual clauses
The parties’ authorized signatories have duly executed this Agreement:
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Schedule 1 - Details of the processing
Subject matter
Appwrite will Process Personal Data as necessary to perform the Services pursuant to the
Agreement, as further instructed by Customer in its use of the Services.
Nature and Purpose of Processing
1. Performing the Agreement, this DPA and/or other contracts executed by the Parties, including,
providing the Service(s) to Customer and providing support and technical maintenance, if
agreed in the Agreement
2. For Appwrite to comply with documented reasonable instructions provided by Customer
where such instructions are consistent with the terms of the Agreement.
Duration of Processing
Subject to any Section of the DPA and/or the Agreement dealing with the duration of the Processing
and the consequences of the expiration or termination thereof, Appwrite will Process Personal Data
for the duration of the Agreement unless otherwise agreed upon in writing.
Type of Personal Data
Customer may submit Personal Data to the Services, the extent of which is determined and
controlled by Customer in its sole discretion, and which may include, but is not limited to the
following categories of Personal Data:
● Name
● Email
● Phone number
● Address
● Any other Personal Data or information that the Customer decides to provide to the Appwrite
or the Services.
The Customer and the Data Subjects shall provide the Personal data to Appwrite by supplying the
Personal data to Appwrite’s Service.
For the avoidance of doubt, the information subject to the Appwrite’s privacy policy (e.g., log-in
details) available here: https://appwrite.io/privacy shall not be subject to the terms of this DPA.
Categories of Data Subjects
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Customer may submit Personal Data to the Services, the extent of which is determined and controlled by
Customer in its sole discretion, and which may include, but is not limited to, Personal Data relating to the
following categories of data subjects:
● Customers
● Customer's end users
● Customer's employees
● Customer's clients
The frequency of the transfer - Continuous
The period for which the personal data will be retained, or, if that is not possible, the criteria used to
determine that period. - As described in this DPA and/or the Agreement
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing -
As detailed in Schedule 2.
Schedule 2 - Sub-processor list
Entity Name Sub-Processing Activities Country of hosting
Appwrite and its Provision of the Services and USA and Israel
subsidiaries and support.
affiliates.
Stripe Payment processing USA & EU
Help Scout Support USA & EU
DigitalOcean Cloud infrastructure USA & EU
Fastly Cloud infrastructure USA
Sendgrid Two factor authentication, based on US
the user’s choice
Sentry.io Error monitoring US & EU
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Activetrail Two factor authentication +972 Israel
numbers
SMS.to Two factor authentication EEA
MSG91 Authentication/SMS- Global India
Mailgun Email & Communication EU
Userlist Mailing list USA
Cloudflare Cloud platform / Web security USA
Resend Email & Communication USA
Backblaze Backup storage USA, Netherlands and
Canada
AWS Cloud infrastructure / data storage Frankfurt (Germany)
Google Cloud Platform Cloud infrastructure, data storage, Frankfurt (Germany)
(GCP) computing, database hosting,
networking and related cloud
services
Schedule 3 - Standard contractual
EU SCCs
If the Processing of Personal Data includes transfers from the EU to countries outside the EEA which
do not offer adequate level of data protection or which have not been subject to an Adequacy
Decision, the Parties shall comply with Chapter V of the GDPR. The Parties hereby agree to execute
the Standard Contractual Clauses as follows:
a) The Standard Contractual Clauses (Controller-to-Processor and Processor to Processor) as
applicable, will apply, with respect to restricted transfers between Customer and Appwrite
that are subject to the GDPR.
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b) The Parties agree that for the purpose of transfer of Personal Data between Customer (as
Data Exporter) and Appwrite (as Data Importer), the following shall apply: (i) Clause 7 of the
Standard Contractual Clauses shall be applicable; (ii) In Clause 9, option 2 shall apply and
the method described in Section 5 of the DPA (Authorization Regarding Sub-Processors)
shall apply; (iii) Clause 11 of the Standard Contractual Clauses shall be not applicable; (iv) In
Clause 13: the relevant option applicable to the Customer, as informed by Customer to
Appwrite; (v) In Clause 17, option 1 shall apply. The Parties agree that the Standard
Contractual Clauses shall be governed by the laws of Ireland; and (vi) In Clause 18(b) the
Parties choose the courts of Ireland, as their choice of forum and jurisdiction.
c) Annex I.A: With respect to Module Two: (i) Data Exporter is Customer as a data controller
and (ii) the Data Importer is Appwrite as a data processor. With respect to Module Three: (i)
Data Exporter is Customer as a data processor and (ii) the Data Importer is Appwrite as a
data processor (sub-processor). Data Exporter and Data Importer Contact details: As
detailed in the Agreement. Signature and Date: By entering into the Agreement and this
DPA, each Party is deemed to have signed these Standard Contractual Clauses
incorporated herein, including their Annexes, as of the Effective Date of the DPA.
d) Annex I.B of the Standard Contractual Clauses shall be completed as described in Schedule
1 (Details of the Processing) of this DPA.
e) Annex I.C of the Standard Contractual Clauses shall be completed as follows: The
competent supervisory authority is the Irish supervisory authority.
f) Annex II of the Standard Contractual Clauses shall be completed as described in the
Security Documentation.
g) Annex III of the Standard Contractual Clauses shall be completed with the authorized
sub-processors detailed in Schedule 2 (Sub-processor list) of this DPA.
UK SCCs
If the Processing of Personal Data includes transfers from the UK to countries which do not offer
adequate level of data protection or which have not been subject to an Adequacy Decision, the
Parties shall comply with Article 45(1) of the UK GDPR and Section 17A of the Data Protection Act
2018. The Parties hereby agree to execute the International Data Transfer Addendum to the EU
Commission Standard Contractual Clauses as follows:
a) The UK Standard Contractual Clauses (Controller-to-Processor and Processor to
Processor) if applicable, will apply with respect to restricted transfers between Customer
and Appwrite that are subject to the GDPR.
b) The Parties agree that for the purpose of transfer of Personal Data between Customer (as
Data Exporter) and Appwrite (as Data Importer), the following shall apply: (i) Clause 7 of the
Standard Contractual Clauses shall be applicable; (ii) In Clause 9, option 2 shall apply and
the method described in Section 5 of the DPA (Authorization Regarding Sub-Processors)
shall apply; (iii) Clause 11 of the Standard Contractual Clauses shall be not applicable; (iv) In
Clause 17, option 1 shall apply. The Parties agree that the Standard Contractual Clauses
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shall be governed by the laws of England and Wales; and (v) In Clause 18(b) the Parties
choose the courts of England and Wales. A data subject may also bring legal proceedings
against the data exporter and/or data importer before the courts of any country in the UK.
The Parties agree to submit themselves to the jurisdiction of such courts, as their choice of
forum and jurisdiction. Which Parties may end this Addendum as set out in Section 19:
Importer and/or Exporter, in accordance with the agreed terms of the DPA.
c) Annex I.A: With respect to Module Two: Data Exporter is Customer as a data controller and
the Data Importer is Appwrite as a data processor. With respect to Module Three: Data
Exporter is Customer as a data processor and the Data Importer is Appwrite as a data
processor (sub-processor). Data Exporter and Data Importer Contact details: As detailed in
the Agreement. Signature and Date: By entering into the Agreement and this DPA, each
Party is deemed to have signed these UK Standard Contractual Clauses incorporated
herein, including their Annexes, as of the Effective Date of the DPA.
d) Annex I.B of the UK Standard Contractual Clauses shall be completed as described in
Schedule 1 (Details of the Processing) of this DPA.
e) Annex I.C of the UK Standard Contractual Clauses shall be completed as follows: The
competent supervisory authority is the ICO supervisory authority.
f) Annex II of the UK Standard Contractual Clauses shall be completed as described in the
Security Documentation.
g) Annex III of the UK Standard Contractual Clauses shall be completed with the authorized
sub-processors detailed in Schedule 2 (Sub-processor list) of this DPA.
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