November 9, 2020 – Data Processing Addendum

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ARCHIVE Data Processing Addendum - 2020-11-09

This is an archived version of our Data Processing Addendum November 9, 2020. View the current version here.

**Last Updated: **November 9, 2020

This Data Processing Addendum (“DPA“) forms part of, and is subject to, the Master SaaS Agreement or other written or electronic terms of service or subscription agreement between the member of the Snowflake Group that is a party to such agreement (“Snowflake”) and the legal entity defined as ‘Customer’ thereunder together with all Customer Affiliates who are signatories to an Order Form for their own Service Account pursuant to such agreement (collectively, for purposes of this DPA, “Customer”) (such agreement, the “Agreement”). This DPA shall be effective on the effective date of the Agreement, unless this DPA is separately executed in which case it’s effective on the date of the last signature (“Effective Date“). All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.

1. Definitions.

“Account” means Customer’s account in the Service in which Customer stores and processes Customer Data.

“Affiliate” has the meaning set forth in the Agreement.

“Authorized Affiliate” shall mean a Customer Affiliate who has not signed an Order Form pursuant to the Agreement, but who is the Data Controller for the Customer Personal Data processed by Snowflake pursuant to the Agreement, for so long as such entity remains a Customer Affiliate.

“California Consumer Privacy Act” or “CCPA” means the California Consumer Privacy Act of 2018, as may be amended from time to time.

“Customer Data” has the meaning set forth in the Agreement.

“Customer Personal Data” means any Customer Data that is Personal Data.

“Data Controller” means an entity that determines the purposes and means of the Processing of Personal Data.

“Data Processor” means an entity that Processes Personal Data on behalf of a Data Controller.

“Data Protection Laws” means all data protection and privacy laws applicable to the respective party in its role in the Processing of Personal Data under the Agreement, including, where applicable, EU & UK Data Protection Law and the CCPA.

“Data Subject” means the identified or identifiable natural person to whom Customer Personal Data relates.

“EU & UK Data Protection Law” means (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“) and (ii) the United Kingdom’s Data Protection Act 2018 (as well as any subsequent data protection law enacted by the United Kingdom, such as a version of GDPR).

“Services” means the generally available Snowflake software-as-a-service offering described in the Documentation and procured by Customer, and any other services provided by Snowflake under the Agreement, including but not limited to support and technical services.

“Personal Data” means any information, including opinions, relating to an identified or identifiable natural person and includes similarly defined terms in Data Protection Laws, including, but not limited to, the definition of “personal information” in the CCPA.

“Processing” shall mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination and “Process“, “Processes” and “Processed” will be interpreted accordingly.