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This Data Processing Addendum (“DPA”) is part of the Terms of Service (Perceptyne Technologies Terms of Service, which can be found at https://perceptyne.com/terms-conditions/, as updated from time to time, or other written or electronic agreement between Perceptyne Technologies Private Limited (“Percepetyne”) and the Customer for the purchase and/or use of Perceptyne’s services (hereinafter referred to as “Services”). This DPA reflects the parties' agreement concerning the Processing of Personal Data.
The Customer enters into this DPA on behalf of itself and, where required by applicable Data Protection Laws and Regulations, on behalf of the Customer’s Authorized Affiliates if Perceptyne processes Personal Data for which such Authorized Affiliates qualify as Controllers. For the purposes of this DPA, and unless indicated otherwise, the term "Customer" includes both the Customer and its Authorized Affiliates. All capitalized terms not defined herein shall have the meaning set forth in the Agreement.
In providing the Services to the Customer pursuant to the Agreement, Perceptyne may Process Personal Data on behalf of the Customer. Both parties agree to comply with the following provisions concerning any Personal Data processed in good faith and with reasonable care. If you have any questions regarding this DPA, you may contact us at info@perceptyne.io.
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“Affiliate” means any entity (a) for which the Customer obtained the Perceptyne Services, or (b) that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” refers to the ownership or control of more than 50% of the voting interests of the subject entity.
“Authorized Affiliate” refers to any of the Customer’s Affiliates that (a) is subject to the data protection laws and regulations of the European Union, European Economic Area (EEA), Switzerland, or the United Kingdom, and (b) is authorized to use the Services under the Agreement between the Customer and Perceptyne, but has not signed its own Agreement with Perceptyne.
“Controller” refers to the entity that determines the purposes and means of Processing Personal Data.
“Personal Data” refers to the information described in the Perceptyne Privacy Policy or similar terms.
“Data Protection Laws and Regulations” include all relevant laws and regulations concerning the Processing of Personal Data, including those of the European Union, EEA, Switzerland, and the United Kingdom, as applicable under the Agreement.
“Data Subject” refers to any identified or identifiable individual to whom Personal Data pertains.
“GDPR” refers to Regulation (EU) 2016/679 of the European Parliament and Council, which governs the protection of natural persons regarding the processing of personal data and the free movement of such data.
“Processing” includes any operation performed on Personal Data, whether automated or not, such as collection, recording, organization, storage, alteration, retrieval, use, transmission, dissemination, alignment, restriction, erasure, or destruction.
“Processor” refers to the entity that Processes Personal Data on behalf of the Controller.
“Perceptyne” refers to Perceptyne Technologies Private Limited.
“Sub-processor” refers to any Processor engaged by Perceptyne.
This DPA applies if you, or individuals whose Personal Data you process using the Services (such as employees), are located within the EEA or Switzerland. It pertains specifically to Personal Data defined under EU Data Protection Law. You acknowledge that Perceptyne bears no responsibility for Personal Data processed through third-party services or outside the Services, including data stored on third-party cloud platforms or offline.
Roles of the Parties. The parties acknowledge that, regarding the Processing of Personal Data, the Customer is either a Controller and Perceptyne is a Processor.
Customer’s Processing of Personal Data. The Customer agrees to: