This Data Processing Addendum (“DPA”) supplements AppEQ’s Terms of Service (the “Agreement”) available at https://appeq.ai/terms-of-service. User and AppEQ have agreed to this Data Processing Addendum (“DPA”) as of the date of the agreement into which it is incorporated (“Agreement”). This DPA applies to all Services provided by AppEQ to User that involve the processing by AppEQ of any Personal Data provided to AppEQ under the Agreement on behalf of User pursuant to or in connection with the Services. (“User Personal Data”)
The terms used in this DPA shall have the meaning as set forth in this DPA. Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. Except as modified below, the terms of the Agreement shall remain in full force and effect.
In consideration of the mutual obligations set out herein, the parties hereby agree that the terms and conditions set out below shall be added as an addendum to the Agreement.
AppEQ has implemented the security measures for protection of personal data under the DPA
Upon determining that a Personal Data Breach has occurred that affects User, AppEQ will notify User within 72 hours, after becoming aware of a breach of security in respect of the Services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, User Personal Data transmitted, stored, or otherwise processed by AppEQ.
User provides general authorization to AppEQ’s use of sub-processors to provide processing activities on User Personal Data on behalf of User (“Sub-processors”) in accordance with this Section. The AppEQ website (currently posted at https://appeq.ai/privacy-policy/gdpr lists Sub-processors that are currently engaged by AppEQ. AppEQ will update the list of sub-processor at least 30 days before engaging a new sub-processor. Further, AppEQ shall notify User of the addition or replacement of such Sub-processor and User may, on reasonable grounds, object to a Sub-processor by notifying AppEQ in writing within 10 days of receipt of AppEQ’s notification, giving reasons for User’s objection. Upon receipt of such objection, AppEQ shall: (a) work with User in good faith to make available a commercially reasonable change in the provision of the Services which avoids the use of that proposed Sub-processor; and (b) where such change cannot be made within 10 days of AppEQ’s receipt of User’s notice, User may by written notice to AppEQ with immediate effect terminate the portion of the Agreement to the extent that it relates to the Services which require the use of the proposed Sub-processor. This termination right is User’s sole and exclusive remedy to User’s objection of any Sub-processor appointed by AppEQ. AppEQ shall require all Sub-processors to enter into an agreement with equivalent effect to the Processing terms contained in this DPA.
The AppEQ privacy contact can be contacted at
Unless otherwise required by applicable law, AppEQ will destroy or return User Personal Data within a reasonable period in a reasonable and common format upon receiving written instructions from the User prior to termination or expiration, provided that the User Personal Data is available to AppEQ.
This DPA incorporates the Standard Contractual Clauses by reference. Except as amended by this DPA, the Agreement will remain in full force and effect. Nothing in this document varies or modifies the Standard Contractual Clauses.
This DPA will continue in force until the termination of the Agreement (the “Termination Date”).
This DPA is governed by laws of Ireland. Any dispute shall be settled in the courts of Dublin. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence. The supervisory authority shall be of Ireland.
Controller to Processor