Data Processing Agreement
This Data Processing Agreement ("DPA") is concluded by and between the customer ("Customer") and DoubleCloud Inc., address: 10 State street, Newburyport, MA 01950, United States ("DoubleCloud"). The Customer and DoubleCloud are hereinafter collectively referred to as the "Parties" and separately as the "Party".
The Customer and DoubleCloud are the parties of the DoubleCloud Customer Agreement concluded either by accepting by the Customer of agreement terms available at: https://double.cloud/legal/customer_agreement/ or by signing of a written version of DoubleCloud Customer Agreement by both Parties (the "Agreement"). This DPA is part of the Agreement.
Except as modified herein, the terms of the Agreement will remain as agreed in case of contradictions between the terms of this DPA with the terms of the Agreement, the terms of this DPA prevail.
For this DPA, these definitions shall apply:
(a) "CCPA" means the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., as amended and including all regulations issued pursuant thereto.
(b) "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (and as "Personal Information" is further defined in the CCPA) contained within the data that DoubleCloud processes in connection with performing Services under the Agreement.
(c) "Processing" means any operation or set of operations that are performed on Personal Information or on sets of Personal Information, whether or not by automated means.
(d) "Sell," "selling," "sale," or "sold," means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's Personal Information by the business to another business or a third party for monetary or other valuable consideration,
and shall include all exceptions described in the California Consumer Privacy Act, Cal. Civ. 1798.140(t), as amended.
(e) "Services" means, for purposes of this Data Processing Agreement, services and/or products provided by DoubleCloud to Customer under the Agreement, including activities that are required, usual, appropriate or acceptable in performing the Services, including to
(i) carry out the Services or the business of which the Services are a part,
(ii) carry out the benefits, rights and obligations relating to the Services,
(iii) maintain records relating to the Services, or
(iv) comply with any legal or self-regulatory obligations relating to the Services.
2 DoubleCloud Obligations.
(a) DoubleCloud is a "service provider" (as such term is defined under the CCPA) under the Agreement.
(b) DoubleCloud shall not Sell Personal Information under any circumstance.
(c) DoubleCloud shall use Personal Information only for the purpose of fulfilling its duties under the Agreement and will not retain, use, or share such data with or disclose it to any third party without the prior written consent of Customer, except as required by the Agreement or as otherwise required by law. DoubleCloud will, prior to any disclosure, impose on the third party obligations concerning Personal Information substantially similar to those obligations in this Section. DoubleCloud may, however, combine personal information received from one or more entities to which it is a service provider, on behalf of such businesses, to the extent necessary to detect data security incidents, or protect against fraudulent or illegal activity.
(d) DoubleCloud shall not retain, use, or disclose Personal Information for purposes outside of the direct business relationship between DoubleCloud and Customer.
(e) The person executing this Agreement on behalf of DoubleCloud certifies that they understand and will comply with the restrictions set out in this Section 2.
(f) DoubleCloud implements and maintains reasonable security procedures and practices appropriate to the nature of the information to protect the Personal Information.
(g) DoubleCloud agrees to assist Customer with verifying and complying with any consumer request relating access, deletion, or opt-out under the CCPA.
Web address: https://double.cloud/legal/dpa_inc/
Date of publication: 27 June 2022
Effective date: 27 June 2022