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Terms

This Data Processing Addendum (the “Data Processing Addendum” or the “DPA”) forms part of and supplements the Agreement entered into by and between Mistral AI and Customer as of the Effective Date.

1. Definitions

For the purposes of this Data Processing Addendum:

(a) “Agreement” means the service agreement entered into by and between the Parties, governing the provision of the Mistral AI Products by Mistral AI to the Customer. The DPA is hereby incorporated to the Agreement by reference.

(b) “Applicable Data Protection Law” means any applicable privacy, data security, or data protection law or regulation, including, to the extent applicable, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable since 25 May 2018 (the “GDPR”) and the California Consumer Privacy Act of 2018, as amended, and associated regulations promulgated thereunder (“CCPA”).

(c) “Description of Processing” means the Description of Processing attached to the Data Processing Addendum available at https://legal.mistral.ai/terms/data-processing-addendum (as such URL may be updated by Mistral AI from time to time.

(d) “International Data Transfer” means any transfer of Personal Data to a Restricted Country.

(e) “Mistral AI Products” means the products and services provided by Mistral AI to the Customer under the Agreement.

(f) “Personal Data” means any Customer Data that: (a) consists of “personal data” or “personal information” (or analogous variations of such terms) as defined under Applicable Data Protection Law, and (b) which Mistral AI Processes as a Processor, as further described in the Agreement.

(g) “Process” or “Processing” means the processing of Personal Data as described in the Description of Processing.

(h) “Restricted Country” means any country located outside of the European Economic Area (EEA) and that does not benefit from an adequacy decision from the European Commission.

(i) “SCC” means the clauses annexed to the EU Commission Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to the GDPR, the text of which is available at: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX:32021D0914.

(j) “Subprocessor” means any Processor appointed by Mistral AI to carry-out all or part of the Processing on behalf of the Customer.

(k) “Trust Center” means the Mistral AI Trust Center available at https://trust.mistral.ai/ (as such URL may be updated by Mistral AI from time to time).

The terms “Controller”, “Processor”, “Data Subjects”, and “Personal Data Breach”, (in each case, or analogous variations thereof as defined in Applicable Data Protection Law) as used in this Agreement will have the meanings in the Applicable Data Protection Law, and if not defined, then as defined under GDPR. The capitalized terms not defined herein shall have the meaning given in the Agreement.

2. Role of the Parties and description of the Processing

2.1 Role of the Parties

Customer is the Controller of the Personal Data. Mistral AI Processes the Personal Data on behalf of Customer as a Processor.

2.2 Description of the Processing

A description of the Processing is available in the Description of Processing. Mistral AI may update the Description of the Processing from time to time to reflect new Mistral AI Products, features, functionalities or Subprocessors.