StreamSets Data Processing Addendum or (DPA)
Updated: October 22, 2021
This Data Processing Addendum, including its appendices (“DPA“) forms part of, and is subject to, the terms and conditions of the StreamSets Platform Terms of Service (“Agreement“) between the party identified as the “Customer” or “you” in the Agreement and StreamSets. All capitalized terms not defined in this DPA shall have the meanings set forth in the Agreement.
By signing the Agreement Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Law, in the name and on behalf of its Affiliates permitted to use the Service pursuant to the Agreement between Customer and StreamSets and provided that such Affiliates have not entered into their own separate “Agreement” with StreamSets. For the purposes of this DPA only, and except where indicated otherwise, the term “Customer” shall include Customer and such Affiliates.
A. StreamSets and Customer have entered into the Agreement, pursuant to which StreamSets may have agreed to provide the Service.
B. In the course of providing the Service to Customer pursuant to the Agreement, StreamSets may process Customer Personal Data on behalf of Customer and the parties agree to comply with the following provisions with respect to any Customer Personal Data such that each party can comply with their respective obligations under applicable Data Protection Laws. This DPA should replace any comparable or additional rights relating to the processing of Customer Personal Data contained in the Agreement (including any existing data processing addendum to the Agreement).
The parties agree as follows:
“Customer Personal Data” means any “personal data”, “personally identifiable information” or “personal information”, as defined under applicable Data Protection Law, that StreamSets processes on behalf of Customer in connection with the Service, as more particularly described in Annex A of this DPA.
“Data Protection Law(s)” means: (i) EU Data Protection Law and (ii) the California Consumer Privacy Act of 2018, Cal. Civ. Code 1798.100 et seq (“CCPA'”) including any laws implementing, amending, revoking, or replacing the CCPA, in each case as applicable to a party’s processing of Customer Personal Data under the Agreement.
“EU 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 Customer Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”), including any subordinate or implementing legislation; (ii) in respect of the United Kingdom, the Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iv) the Swiss Federal Data Protection Act (“Swiss DPA”).
“Group” means any and all Affiliates that are part of an entity’s corporate group.
“Restricted Transfer” means: (i) where the GDPR applies, a transfer of personal data from the European Economic Area to a country outside of the European Economic Area which is not subject to an adequacy determination by the European Commission; and (ii) where the UK GDPR applies, a transfer of personal data from the United Kingdom to any other country which is not subject based on adequacy regulations pursuant to Section 17A of the United Kingdom Data Protection Act 2018; and (iii) where the Swiss DPA applies, a transfer of personal data to a country outside of Switzerland which is not included on the list of adequate jurisdictions published by the Swiss Federal Data Protection and Information Commissioner.
“Security Incident” means any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to Customer Personal Data transmitted, stored or otherwise processed by StreamSets and/or its Sub-processors in connection with the provision of the Service. “Security Incident” shall not include unsuccessful attempts or activities that do not compromise the security of Customer Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks and other network attacks on firewalls or networked systems.
“Standard Contractual Clauses” means: (i) where the GDPR applies, the standard 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 (“EU SCCs”); (ii) where the UK GDPR applies, the applicable standard data protection clauses adopted pursuant to Article 46(2)(c) or (d) of the UK GDPR (“UK SCCs”); and (iii) where the Swiss DPA applies, the applicable standard data protection clauses issued, approved or recognised by the Swiss Federal Data Protection and Information Commissioner (the “Swiss SCCs”).
“Sub-processor” means any processor engaged by StreamSets or its Affiliates to assist in fulfilling its obligations with respect to providing the Service pursuant to the Agreement or this DPA. Sub-processors may include third parties or members of the StreamSets Group but shall exclude any StreamSets employee, contractor or consultant.
The terms “controller”, “personal data“, “processor” and “processing” shall have the meaning given to them in EU Data Protection Law and “process“, “processes” and “processed” shall be interpreted accordingly and the terms “business”, “commercial purpose”, “personal information”, “service provider“, “sell” and “verifiable consumer request” shall have the meaning given to them in the CCPA.
2. Scope and Applicability of this DPA
2.1 Scope. This DPA applies to the extent that StreamSets processes as a processor or service provider (as applicable) any Customer Personal Data protected by Data Protection Laws.
2.2 Role of the Parties. If EU Data Protection Law applies to either party’s processing of Customer Personal Data, the parties acknowledge and agree that Customer is the controller of Customer Personal Data, and StreamSets shall process Customer Personal Data only as a processor on behalf of Customer, as further described in Annex A of this DPA.
2.3 StreamSets Processing of Customer Personal Data. As a processor, StreamSets shall process Customer Personal Data only for the purposes described in this DPA and only in accordance with Customer’s documented lawful instructions. The parties agree that the Agreement (including this DPA) sets out the Customer’s complete and final instructions to StreamSets in relation to the processing of Customer Personal Data and processing outside the scope of these instructions (if any) shall require prior written agreement between Customer and StreamSets. StreamSets shall notify Customer in writing, unless prohibited from doing so under Data Protection Law, if it becomes aware or believes that any data processing instructions from Customer violate applicable Data Protection Law.
3.1 Authorized Sub-processors. Customer agrees that StreamSets may engage Sub-processors to process Customer Personal Data on Customer’s behalf. The Sub-processors currently engaged by StreamSets and authorized by Customer are listed at https://streamsets.com/streamsets-dpa-subprocessors. StreamSets shall notify Customer if it changes its Sub-processors at least 10 days prior to any such changes by sending an email to the email address designated by the Customer to receive notifications.
3.2 Sub-processor Obligations. StreamSets shall: (i) enter into a written agreement with the Sub-processor imposing data protection terms that require the Sub-processor to protect Customer Personal Data to the standard required by Data Protection Laws; and (ii) remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the Sub-processor that cause StreamSets to breach any of its obligations under this DPA.
4. Security and Audits
4.1 Security Measures. StreamSets shall implement and maintain appropriate technical and organizational security measures designed to protect Customer Personal Data from Security Incidents and to preserve the security and confidentiality of the Customer Personal Data as more particularly described in the Security Policy (“Security Measures”). StreamSets shall ensure that any person who is authorized by StreamSets to process Customer Personal Data shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).
4.2 Security Incident Response. Upon becoming aware of a Security Incident, StreamSets shall notify Customer without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested by Customer.
4.3 Updates to Security Measures. Customer acknowledges that the Security Measures are subject to technical progress and development and that StreamSets may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by the Customer.
4.4 Customer Responsibilities. Notwithstanding the above, Customer agrees that except as provided by this DPA, Customer is responsible for its secure use of the Service, including securing its account authentication credentials, protecting the security of Customer Personal Data when in transit to and from the Service and taking any appropriate steps to securely encrypt or backup any Customer Personal Data processed in connection with the Service.
4.5 Security Audits. On written request from Customer, StreamSets shall provide written responses (on a confidential basis) to all reasonable requests for information made by Customer related to its processing of Customer Personal Data, including responses to information security and audit questionnaires that are strictly necessary to confirm StreamSets’ compliance with this DPA, provided that Customer shall not exercise this right more than once in any 12 month rolling period. Notwithstanding the foregoing, Customer may also exercise such audit right in the event Customer is expressly requested or required to provide this information to a data protection authority, or StreamSets has experienced a Security Incident, or other reasonably similar basis.
5. International Transfers
5.1 Processing Locations. StreamSets may transfer and process Customer Personal Data to and in the United States and anywhere else in the world where StreamSets, its Affiliates or its Sub-processors maintain data processing operations. StreamSets shall at all times ensure such transfers are made in compliance with the requirements of Data Protection Laws and this DPA.
5.2 Restricted Transfers. The parties agree that when the transfer of Customer Personal Data from Customer (as “data exporter”) to StreamSets (as “data importer”) is a Restricted Transfer and Data Protection Law requires that appropriate safeguards are put in place, it shall be subject to the appropriate Standard Contractual Clauses, which shall be deemed incorporated into and form a part of this DPA, as follows:
(a) In relation to transfers of Customer Personal Data protected by the GDPR, the EU SCCs shall apply, completed as follows:
(i) Module Two (controller to processor) or Module Three (processor to processor) shall apply (as applicable);
(ii) in Clause 7, the optional docking clause shall apply;
(iii) in Clause 9, Option 2 shall apply, and the time period for prior notice of Sub-processor changes shall be as set out in Section 3.1 of this DPA;
(iv) in Clause 11, the optional language shall not apply;
(v) in Clause 17, Option 1 shall apply, and the EU SCCs will be governed by Irish law;
(vi) in Clause 18(b), disputes shall be resolved before the courts of Ireland;
(vii) Annex I of the EU SCCs shall be deemed completed with the information set out in Annex A to this DPA; and
(viii) Subject to Section 4 of this DPA, Annex II of the EU SCCs shall be deemed completed with the information set out in Annex B to this DPA.
(b) In relation to transfers of Customer Personal Data protected by the UK GDPR or Swiss DPA, the EU SCCs shall also apply in accordance with paragraphs (a) and (b) above, with the following modifications:
(i) references to “Regulation (EU) 2016/679” and specific articles therein shall be interpreted as references to the UK GDPR or the Swiss DPA and the equivalent articles or sections therein (as applicable);
(ii) references to “EU”, “Union” and “Member State law” shall be replaced with “UK” or “Switzerland” or “UK law” or “Swiss law” (as applicable);
(iii) Clause 13(a) and Part C of Annex I of the EU SCCs are not used and the “competent supervisory authority” is the United Kingdom Information Commissioner or Swiss Federal Data Protection Information Commissioner (as applicable); and
(iv) references to the “competent supervisory authority” and “competent courts” shall be replaced with references to the “Information Commissioner” and the “courts of England and Wales” or the “Swiss Federal Data Protection Information Commissioner” and “applicable courts of Switzerland” (as applicable);
(v) in Clause 17, the EU SCCs shall be governed by the laws of England and Wales or Switzerland (as applicable); and
(vi) with respect to transfers to which the UK GDPR applies, Clause 18 shall be amended to state “Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may bring legal proceeding against the data exporter and/or data importer before the courts of any country in the UK. The Parties agree to submit themselves to the jurisdiction of such courts”, and with respect to transfers to which the Swiss DPA applies, Clause 18(b) shall state that disputes shall be resolved before the applicable courts of Switzerland.
(c) To the extent that and for so long as the EU SCCs, implemented as described above, cannot be used to lawfully transfer such Customer Personal Data in compliance with the UK GDPR to StreamSets, the UK SCCs shall be incorporated by reference and form an integral part of this DPA and shall apply to such transfers. Where this is the case, the relevant Annexes or Appendices of the UK SCCs shall be populated using the information contained in Annexes A and B of this DPA (as applicable).
(d) It is not the intention of either party to contradict or restrict any of the provisions set forth in the Standard Contractual Clauses and, accordingly, if and to the extent the Standard Contractual Clauses conflict with any provision of the Agreement (including this DPA) the Standard Contractual Clauses shall prevail to the extent of such conflict.
5.3 Alternative Transfer Mechanism. If StreamSets adopts an alternative data export mechanism (including any new version of or successor to the Standard Contractual Clauses adopted pursuant to Data Protection Laws) for the transfer of Customer Personal Data not described in this DPA (“Alternative Transfer Mechanism”), the Alternative Transfer Mechanism shall apply instead of any applicable transfer mechanism described in this DPA (but only to the extent such Alternative Transfer Mechanism complies with Data Protection Laws and extends to the territories to which Customer Personal Data is transferred).
6. Return or Deletion of Customer Personal Data
6.1 Deletion on Termination. Upon termination or expiry of the Agreement, StreamSets shall as soon as reasonably practicable delete all Customer Personal Data (including copies) in its possession or control in accordance with the Agreement, save that this requirement shall not apply to the extent StreamSets is required by applicable Law to retain some or all of the Customer Personal Data, or to Customer Personal Data it has archived on back-up systems, which such Customer Personal Data StreamSets shall securely isolate and protect from any further processing and delete in accordance with its deletion practices, except to the extent required by applicable Law.
6.2 Deletion during the Subscription Term. Without prejudice to Section 6.1 above, Customer acknowledges and agrees that: (i) StreamSets shall during the Subscription Term routinely delete data it processes in connection with the provision of the Service and to the extent this results in the deletion of Customer Personal Data, this will constitute an instruction from Customer to StreamSets to delete such Customer Personal Data from StreamSets systems; and (ii) without prejudice to the foregoing, to the extent StreamSets inadvertently receives or otherwise processes Customer Personal Data during the Subscription Term that it does not need or otherwise require to provide the Service, Customer acknowledges and agrees that StreamSets may delete and/or return to Customer such Customer Personal Data.
7. Rights of Data Subjects and Cooperation
7.1 Data Subject Request. StreamSets shall (at Customer’s expense) taking into account the nature of the processing, provide all reasonable cooperation to assist Customer by appropriate technical and organisational measures, in so far as is possible, to respond to any requests from individuals or applicable data protection authorities relating to the processing of Customer Personal Data under the Agreement. In the event that any such request is made to StreamSets directly, StreamSets shall not respond to such communication directly without Customer’s prior authorization, unless legally compelled to do so. If StreamSets is required to respond to such a request, StreamSets shall promptly notify Customer and provide it with a copy of the request unless legally prohibited from doing so.
7.2 Subpoenas and Court Orders. If a law enforcement agency sends StreamSets a demand for Customer Personal Data (for example, through a subpoena or court order), StreamSets shall give Customer reasonable notice of the demand to allow Customer to seek a protective order or other appropriate remedy unless StreamSets is legally prohibited from doing so.
8. Jurisdiction Specific Terms
8.1 Europe. To the extent Customer Personal Data is protected by EU Data Protection Laws, the following terms shall apply in addition to the terms in the remainder of this DPA:
(a) Objection to Sub-processors. Customer may object in writing to StreamSets’ appointment of a new Sub-processor on reasonable grounds relating to data protection (e.g. if making Customer Personal Data available to the Sub-processor may violate applicable EU Data Protection Law or weaken the protections for such Customer Personal Data) by notifying StreamSets promptly in writing within five (5) calendar days of receipt of StreamSets’ notice in accordance with Section 3.1 above. Such notice shall explain the reasonable grounds for the objection. In such event, the parties shall discuss such concerns in good faith with a view to achieving commercially reasonable resolution. If no such resolution can be reached, StreamSets will, at its sole discretion, either not appoint such Sub-processor, or permit Customer to suspend or terminate the affected Service in accordance with the termination provisions in the Agreement without liability to either party (but without prejudice to any fees incurred by Customer prior to suspension or termination).
(b) Data Protection Impact Assessment. To the extent StreamSets is required under applicable Data Protection Law, StreamSets shall (at Customer’s expense) provide reasonably requested information regarding StreamSets processing of Customer Personal Data under the Agreement to enable the Customer to carry out data protection impact assessments or prior consultations with data protection authorities as required by Law.
8.2 California. This Section 8.2 applies to Customer Personal Data constituting personal information under the CCPA. For purposes of such personal information, Customer is a business and StreamSets is a service provider. Customer’s transfer of Customer Personal Data to StreamSets is not a sale, and StreamSets provides no monetary or other valuable consideration to Customer in exchange for Customer Personal Data. Except as otherwise instructed by Customer, StreamSets will not (a) sell the personal information or (b) collect, retain, use or disclose the personal information for any purpose (including any commercial purpose) other than to provide the Service under the Agreement, including as described in Sections 4.1 (Pipeline Data) and 4.2 (Configuration Data). As applicable to the Service, StreamSets will reasonably assist Customer with any verifiable consumer requests to retrieve or delete the consumers’ personal information.
9. Limitation of Liability
9.1 Each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this DPA (including the Standard Contractual Clauses) whether in contract, tort (including negligence) or under any other theory of liability, shall be subject to the limitations and exclusions of liability in the Agreement, and any reference in provisions to the liability of a party means the aggregate liability of that party and all of its Affiliates under and in connection with the Agreement and this DPA together.
9.2 Except where applicable Data Protection Laws require a Customer Affiliate to exercise a right or seek any remedy under this DPA against StreamSets directly by itself, the parties agree that (i) solely the Customer entity that is the contracting party to the Agreement shall exercise any right or seek any remedy any Customer Affiliate may have under this DPA on behalf of its Affiliates, and (ii) the Customer that is the contracting party to the Agreement shall exercise any such rights under this DPA not separately for each Affiliate individually but in a combined manner for all of its Affiliates together.
10.1 Nothing in the Agreement (including this DPA) shall prevent StreamSets from using or sharing any data (including Customer Personal Data) that StreamSets would otherwise collect and process independently of Customer’s use of the Service. Any processing of Customer Personal Data under or in connection with the Agreement shall be performed in accordance with applicable Data Protection Law.
10.2 Except for the changes made by this DPA, the Agreement remains unchanged and in full force and effect. If there is any conflict between this DPA and the Agreement, this DPA shall prevail to the extent of that conflict, as it relates to the subject matter of this DPA.
10.3 This DPA shall be deemed a part of and incorporated into the Agreement so that references in the Agreement to “Agreement” shall be interpreted to include this DPA.
10.4 This DPA shall be governed by and construed in accordance with governing Law and jurisdiction provisions in the Agreement, unless required otherwise by Data Protection Laws.
Annex A (1) List of Parties
|Data Exporter||Data Importer|
|Name:||Customer as defined in the Agreement||StreamSets, Inc.|
|Address:||The address for Customer as specified in the Agreement.||StreamSets, 150 Spear St, Suite 300, San Francisco, CA 94105, USA|
|Contact Person’s Name, position and contact details:||The contact details for Customer as specified in the Agreement.||Ted Torous, General Counsel, email@example.com|
|Activities relevant to the transfer:||See Annex A.1.B below||See Annex A.1.B below|
|Signature and date:||This Annex A.1 shall automatically be deemed executed when the Agreement (which incorporates this DPA) is executed by the Customer.||This Annex A.1 shall automatically be deemed executed when the Agreement (which incorporates this DPA) is executed by StreamSets.|
|Role:||Controller or Processor||Processor|
Annex A (2) Description of Processing / Transfer
• Categories of data subjects: Customer may submit Customer Personal Data to StreamSets, the extent of which is determined and controlled by the Customer in its sole discretion, and which may include, but is not limited to Customer Personal Data relating to its Users and Customer’s employees, suppliers, clients and end users or any other individual.
• Categories of personal data. Customer may submit Customer Personal Data to StreamSets, the extent of which is determined and controlled by Customer in its sole discretion, and which may include, but is not limited to, identification and contact data (name, address, title, contact details); employment details (employer, job title, geographic location, area of responsibility, employer financial information); IT information (IP address, device ID, system ID) or any other Customer Personal Data elements that Customer chooses to utilise the Service for.
• Special categories of data (prohibited): Customer is prohibited under the Agreement from submitting Prohibited Data (which includes special categories of Persona Data) to the Service.
• Frequency of the transfer: Continuous
• Subject matter: The subject matter of the data processing under this DPA is the Customer Personal Data.
• Nature and purposes of processing and transfer: (i) Processing to provide the Service in accordance with the Agreement; (ii) processing to perform any steps necessary for the performance of the Agreement; (iii) processing initiated by Customer in its use of the Service; and (iv) processing to comply with other reasonable instructions provided by Customer (e.g. via email or support tickets) that are consistent with the terms of this Agreement (individually and collectively, the “Purpose”).
• Duration and retention period: The duration of the data processing under this DPA is until the termination of the Agreement in accordance with its terms plus the period from the expiry of the Agreement until deletion of Customer Personal Data by StreamSets in accordance with the terms of the Agreement
Annex A (3): Competent supervisory authority
The competent supervisory authority, in accordance with Clause 13 of the New EU SCCs, must be (i) the supervisory authority applicable to the data exporter in its EEA country of establishment or, (ii) where the data exporter is not established in the EEA, the supervisory authority applicable in the EEA country where the data exporter’s EU representative has been appointed pursuant to Article 27(1) of the GDPR, or (iii) where the data exporter is not obliged to appoint a representative, the supervisory authority applicable to the EEA country where the data subjects relevant to the transfer are located. With respect to the processing of Customer Personal Data to which the UK GDPR applies, the competent supervisory authority is the Information Commissioners Office (the “ICO”). With respect to the processing of Customer Personal Data to which the Swiss DPA applies, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner.
Technical and Organisational
Description of the technical and organisational measures implemented by the processor(s) / data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.
StreamSets implements the security measures set out in its Security Policy, available at: https://streamsets.com/legal/security-policy/