Договор о защите данных GitHub

GitHub Data Protection Agreement

This GitHub Data Protection Agreement forms part of the GitHub Customer Agreement between Customer (“You”) and GitHub, Inc., (“GitHub”) covering Your legal entity’s use of the Online Services. It sets forth the parties’ obligations with respect to Customer Personal Data processed by GitHub. Capitalized terms not defined in this document shall have the meaning as provided elsewhere in your GitHub Customer Agreement.

1. Definitions.

A. “CCPA” means the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq) and its implementing regulations.

**B. “Customer Personal Data” **means all data, including all text, sound, video, or image files, and software, that are provided to GitHub by or on behalf of Customer through use of the Online Services.

C. “DPA” means this GitHub Data Protection Agreement.

**D. “Data Protection Requirements” **means the applicable obligations imposed on GitHub by the GDPR, any subordinate legislation or regulations implementing the GDPR, the CCPA, and any other applicable laws, regulations, and other legal requirements applicable to GitHub and relating to:

i. Privacy and data security; or

ii. The use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of any Personal Data.

**E. “GDPR” **means:

i. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016; and

ii. Regulation (EU) 2016/679 as transposed into national law of the United Kingdom by the UK European Union (Withdrawal) Act 2018 and amended by the UK Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (as may be amended from time to time).

**F. “GitHub Affiliate” **means any entity that controls GitHub, is controlled by GitHub, or is under common control with GitHub.

**G. “GitHub Customer Agreement” or “Agreement” **means Your agreement(s) for the Online Services.

**H. “Instructions” **mean the activities you instruct GitHub to perform as Processor acting on Your behalf.

**I. “Online Services” **means any service or software that GitHub provides You under a written and executed agreement.

J. “Preview” means Online Services provided for preview, evaluation, demonstration, or trial purposes, and any beta, technical preview, or other pre-release versions of the Online Services.

K. “Professional Services” means training, consulting or implementation services provided by GitHub. Professional Services do not include support.

**L. “Professional Services Data” **means all Customer Personal Data that are provided to GitHub, by or on behalf of a Customer or that Customer authorizes GitHub to obtain from an Online Service or otherwise obtained or processed by or on behalf of GitHub through an engagement with GitHub to obtain Professional Services.

M. “Security Incident” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data processed by GitHub on Your behalf.

N. “Standard Contractual Clauses” or “SCCs” means:

i. where the GDPR applies the contractual clauses annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of Personal Data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “EU SCCs”);

ii. where the UK GDPR applies, the “International Data Transfer Addendum to the EU Commission Standard Contractual Clauses” issued by the Information Commissioner under s.119A(1) of the Data Protection Act 2018 (“UK Addendum”); and