Data processing agreement — Formbricks

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Facts read from this source

• Entity Report an error

  “Customer has entered into the Agreement with Formbricks GmbH ("Formbricks")”

• DPA available Report an error

  “This Data Processing Addendum ("DPA") regulates the data protection obligations of the Parties when processing Customer Personal Data.”

• GDPR scope Report an error

  “"GDPR" means Regulation (EU) 2016/679 (the "EU GDPR") or, where applicable, the "UK GDPR" as it forms part of the law of England and Wales, Scotland and Northern Ireland”

• UK addendum Report an error

  “Where the Customer and/or Customer Affiliate (as defined below) reside in the UK (as defined below) the UK Addendum (as defined below) included in Exhibit B of this DPA are intended to govern the processing.”

• Role processor Report an error

  “For the purposes of the GDPR, Formbricks acts as "processor" or "sub-processor".”

• Audit right Report an error

  “At the controller’s request, the processor shall also permit and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non-compliance.”

• Auditor independent Report an error

  “The controller may choose to conduct the audit by itself or mandate an independent auditor. Audits may also include inspections at the premises or physical facilities of the processor and shall, where appropriate, be carried out with reasonable notice.”

• General authorization Report an error

  “GENERAL WRITTEN AUTHORISATION: The processor has the controller’s general authorisation for the engagement of sub-processors from an agreed list.”

• Change notice period Report an error

  “The processor shall specifically inform in writing the controller of any intended changes of that list through the addition or replacement of sub-processors at least 2 weeks in advance, thereby giving the controller sufficient time to be able to object to such changes prior to the engagement of the concerned sub-processor(s).”

• Objection termination Report an error

  “If the Parties are unable to reach a mutually acceptable resolution within a reasonable timeframe, either Party may, as its sole and exclusive remedy, terminate the portion of the Agreement relating to the Services affected by such change by providing written notice to the other Party.”

• Approved list location Report an error

  “the agreed list of Sub-processors of Formbricks for the purpose of Clause 7.7(a) of the Data Processor Clauses is set out in Annex IV of Exhibit D to this DPA (the "Approved List").”

• Data breach notification Report an error

  “In the event of a personal data breach concerning data processed by the processor, the processor shall notify the controller without undue delay after the processor having become aware of the breach.”

• Deletion on termination Report an error

  “Following termination of the contract, the processor shall, at the choice of the controller, delete all personal data processed on behalf of the controller and certify to the controller that it has done so, or, return all the personal data to the controller and delete existing copies unless Union or Member State law requires storage of the personal data.”

• Termination for breach Report an error

  “the processor is in substantial or persistent breach of these Clauses or its obligations under Regulation (EU) 2016/679 and/or Regulation (EU) 2018/1725;”

• Contract duration Report an error

  “The duration of this DPA coincides with the duration of Agreement. It commences and terminates with the provision of the Services under the Agreement”

• DPA incorporated Report an error

  “This DPA is incorporated into and forms an integral part of the Agreement and shall be effective and replace any previously applicable data processing and security terms as of the effective date of the Agreement ("Effective Date").”

• Affiliate beneficiaries Report an error

  “Customer Affiliates shall be beneficiaries under this DPA and – through Customer (see clauses 3.4 and 3.5) – be entitled to enforce all rights in relation to the Customer Personal Data provided by the respective Affiliate.”

• Scc docking clause Report an error

  “Clause 5 of the Data Processor Clauses (Docking Clause) does not apply;”

• Scc sub beneficiary clause excluded Report an error

  “The Parties agree that Clause 7.7 lit. (e) of the Data Processor Clauses shall not apply.”

• Tom in annex iii Report an error

  “Annex III (Technical and Organisational Measures) of the Data Processor Clauses shall be deemed to incorporate the information in Annex III of Exhibit D to this DPA.”

• UK addendum precedence Report an error

  “Where there is any inconsistency or conflict between the UK Addendum and Data Processor Clauses, the UK Addendum overrides the Data Processor Clauses, except where (and in so far as) the inconsistent or conflicting terms of the Data Processor Clauses provides greater protection for data subjects, in which case those terms will override the UK Addendum.”

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Scores citing this record

• The Academic Researcher Consent, GDPR & respondent data
• The Academic Researcher European sovereignty
• The Data Protection Officer Consent, GDPR & respondent data
• The Data Protection Officer European sovereignty
• The HR Lead Consent, GDPR & respondent data
• The HR Lead European sovereignty
• The Market Researcher Consent, GDPR & respondent data
• The Market Researcher European sovereignty
• The Operations Manager Consent, GDPR & respondent data
• The Operations Manager European sovereignty
• The Skeptic Consent, GDPR & respondent data
• The Skeptic European sovereignty