Legal
Data Processing Addendum
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This Data Processing Addendum (“DPA”) is incorporated into, and is subject to the terms and conditions of, the Agreement between The Rocket Science Group LLC d/b/a Mailchimp (together with its Affiliates, “Mailchimp”) and the customer entity that is a party to the Agreement as a Member (“Customer”).
All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement. For the avoidance of doubt, all references to the “Agreement” shall include this DPA (including the SCCs (where applicable), as defined herein).
- Definitions
"Additional Data Protection Laws" means US Data Protection Laws; the Canadian Personal Information Protection and Electronic Documents Act ("PIPEDA"); the Brazilian General Data Protection Law (“LGPD”), Federal Law no. 13,709/2018; and the Privacy Act 1988 (Cth) of Australia, as amended ("Australian Privacy Law").
“Affiliate” means an entity that directly or indirectly Controls, is Controlled by or is under common Control with an entity.
“Agreement” means Mailchimp’s Standard Terms of Use, or other written or electronic agreement, which govern the provision of the Service to Customer, as such terms or agreement may be updated from time to time.
“Control” means an ownership, voting or similar interest representing fifty percent (50%) or more of the total interests then outstanding of the entity in question. The term “Controlled” shall be construed accordingly.
“Customer Data” means any personal data that Mailchimp processes on behalf of Customer via the Service, as more particularly described in this DPA.
"Data Privacy Framework" means (as applicable) the EU-U.S. Data Privacy Framework, the Swiss-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework self-certification programs operated by the U.S. Department of Commerce, and their respective successors ("DPF").
"Data Privacy Framework Principles" means the Principles and Supplemental Principles contained in the relevant Data Privacy Framework, as amended, superseded or replaced.
“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, European Data Protection Laws and Additional Non-European Data Protection Laws.
“European Data Protection Laws” means all data protection laws and regulations applicable to Europe (as amended or superseded from time to time), including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); (iv) the GDPR as it forms part of UK law by virtue of section 3 of the UK European Union (Withdrawal) Act 2018 and the UK Data Protection Act 2018 (together, “UK Data Protection Laws”); and (v) the Swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”).
“Europe” means, for the purposes of this DPA, the European Economic Area and its member states (“EEA”), Switzerland and the United Kingdom (“UK”).
"Mailchimp Group" means The Rocket Science Group LLC d/b/a Mailchimp or any other entity that is an Affiliate.