Data Processing Agreement
This Data Processing Agreement ("DPA") is entered into between Loadster, Inc., a Delaware corporation with its principal place of business at 2390 East Camelback Road, Suite 130, Phoenix, AZ 85016, USA, hereinafter referred to as "Loadster" or "Processor" or "Data Processor", and yourself as a user or customer of Loadster, hereinafter referred to as "You" or "Controller" or "Data Controller."
- "Personal Data" means any information relating to an identified or identifiable natural person.
- "Processing" means any operation or set of operations which is performed on Personal Data.
- "Services" refers to the software as a service provided by Loadster to You.
2. Purpose of Processing
The parties agree that to the extent Loadster operates and manages the Service, Loadster is acting as a processor and You are acting as the controller under data protection laws.
3. Obligations of the Data Processor
Loadster agrees to:
- Implement appropriate technical and organizational measures for data security.
- Assist You in responding to data subject requests.
- Notify You promptly if any breach of Your Personal Data is discovered.
- Engage sub-processors as needed under appropriate terms, taking reasonable steps to limit the data shared with each sub-processor.
- Assist You in data protection impact assessments and consultations.
4. Data Transfers
You acknowledge and agree that certain Personal Data may be transferred to or stored on servers located in the United States of America. This transfer is conducted with appropriate safeguards, which may include Standard Contractual Clauses (SCCs) as approved by the European Commission, or other mechanisms recognized by the European Data Protection Board to ensure an adequate level of data protection as required by applicable data protection laws.
If You choose to use Loadster in other regions outside of the European Union and United States, you also acknowledge and agree that some Personal Data may be transferred to those regions.
5. Data Controller's Responsibilities
You agree to:
- Ensure a valid legal basis for processing Personal Data or providing Personal Data to Loadster.
- Only provide Personal Data to Loadster that You consent to Loadster storing and processing.
- Provide clear and lawful instructions to Loadster for any processing of data outside the standard and reasonable use of the Services.
- Notify Loadster of any changes to instructions for the processing of data.
Both parties agree to take reasonable steps to maintain the confidentiality of Personal Data and related information obtained during this Agreement.
7. Term and Termination
This Agreement remains in effect while Loadster processes Personal Data for You. Either party may terminate in case of a material breach. If You no longer wish to store or process data with Loadster, you agree to notify Loadster via email and allow a reasonable amount of time for deletion of any Personal Data.
8. Governing Law and Dispute Resolution
This Agreement is governed by Arizona law. Disputes shall be under the jurisdiction of courts in Maricopa County, Arizona, USA.
If you have questions or require a signed version of this DPA, please contact email@example.com.