Data Processing Agreement (DPA)
Our Data Processing Agreement
Emergent's Data Processing Agreement is published at app.emergent.sh/dpa. It is drafted to satisfy Article 28 of the GDPR and incorporates the EU Standard Contractual Clauses and the UK Addendum for international transfers.
It is self-executing, no signature needed
The DPA forms part of our Terms of Service and applies to every customer on every plan. By entering into the Agreement you have already accepted and executed it, including the Standard Contractual Clauses and their annexes. Both parties are taken to have signed on the effective date of your Agreement (see the Background section, paragraph D, and the signature block in Annex 1).
Note
If you need a countersigned PDF for your own records, that is a legal request, write to privacy@emergent.sh.
Standard Contractual Clauses & international transfers
The SCCs are incorporated into the DPA by reference (Section 9.2):
- Module Two applies where you are a controller.
- Module Three applies where you are yourself a processor.
- For transfers out of the UK, the UK Addendum applies (Section 9.3).
- Where the SCCs conflict with anything else in the DPA, the SCCs prevail (Section 9.6).
Contracting entity & data protection contact
Emergent Labs Inc., 255 California Street, Suite 550, San Francisco, CA 94111. . It acts as processor (or sub-processor, where you are yourself a processor for your own customers).
Our data protection contact is privacy@emergent.sh (DPA Section 3.10 and Annex 1). Our Article 27 representative in the European Union is Prighter EU Rep GmbH, Schellinggasse 3/10, 1010 Vienna, Austria; in the United Kingdom it is Prighter Ltd, 20 Mortlake High Street, London SW14 8JN.
Tip
Full text is always the source of truth: app.emergent.sh/dpa. Quote the section and link the page rather than interpreting a clause.
