This Data Processing Addendum (DPA) supplements the Terms of Use and any other agreement between Vizbl Systems, Inc. ('Processor') and the Customer ('Controller'). It applies to Processing of Personal Data by Vizbl on behalf of the Customer.
Capitalized terms used and not defined in this DPA have the meanings given in the GDPR, the UK GDPR, the CCPA/CPRA, or the Terms of Use, as applicable. "Personal Data", "Processing", "Controller", "Processor" and "Sub-processor" have the meanings given in those laws.
The Customer is the Controller of Personal Data submitted to the Platform. Vizbl is the Processor and Processes Personal Data only on the Customer's documented instructions, including those reflected in the Terms of Use and the Customer's configuration of the Platform.
The subject matter is Vizbl's provision of the Platform; the duration is the term of the underlying agreement; the nature and purpose are providing AR/3D visualisation services; the categories of data subjects include Customer's authorized users and End Users; and the categories of Personal Data are listed in the Privacy Policy.
The Customer authorizes Vizbl to engage Sub-processors. A current list is available at legal@vizbl.com on request. Vizbl will provide notice of new Sub-processors and the Customer may object on reasonable grounds within 14 days.
Where Personal Data is transferred outside the EEA, UK or Switzerland to a country without an adequacy decision, the parties rely on the EU Standard Contractual Clauses, the UK Addendum or other lawful transfer mechanisms.
Vizbl will notify the Controller without undue delay, and in any event within 72 hours, after becoming aware of a Personal Data breach affecting Controller's data, with the information reasonably available at that time.
Vizbl will make available, on request, its most recent SOC 2 Type II report or equivalent third-party attestation. On reasonable advance notice, the Controller may conduct an audit limited to the matters required by Article 28(3)(h) GDPR, at the Controller's expense, no more than once per year except where required by a regulator.
The liability provisions of the Terms of Use or any signed Master Services Agreement apply to this DPA.
This DPA is effective on the date the Controller accepts the Terms of Use and continues until the end of the underlying agreement.