Data Processing Addendum

  1. Data Processing. To the extent Meta acts as a Processor of Applicable Personal Data, the parties shall comply with the MGPT as modified by Section 2 (Modifications to the MGPT) below. The MGPT forms part of this Data Processing Addendum, and is expressly incorporated herein by reference. For the avoidance of doubt, the modifications set out in Section 2 (Modifications to the MGPT) shall continue to apply notwithstanding any future updates to the MGPT. Capitalized terms used in this Data Processing Addendum, but not otherwise defined elsewhere in this Agreement, shall have the meanings set out in the MGPT.
  2. Modifications to the MGPT. Notwithstanding anything to the contrary in the MGPT, for the purposes of Meta’s Processing activities under this Agreement, the MGPT is modified as set out below and the following modifications supersede any conflicting language in the MGPT:
    1. The Meta entity that you contract with under this Agreement shall be your Processor for all of your Applicable Personal Data.
    2. Section 2.1.d of the General Terms is deleted and replaced in its entirety with the following: “Company understands and agrees that Company may delete and download its Applicable Personal Data at any time through the tools provided within Workplace during the Term, after which, Meta will delete all Applicable Personal Data as described in Section 9 of the Applicable Terms.”
  3. Conflicts. Notwithstanding Section 1.3 (Conflicts) of the General Terms in the MGPT, to the extent there is a conflict or inconsistency between the terms of the MGPT and this Agreement, the terms of this Agreement shall prevail (unless such term(s) contradict a requirement under Law, in which case such requirement(s) under the Law shall prevail).
  4. Processing Description. In conducting its activities as Processor under this Agreement in relation to any Applicable Personal Data within Your Data, Meta confirms that:
    1. the duration, subject matter, nature and purpose of the Processing shall be as specified in this Agreement;
    2. the types of Personal Data Processed shall include those specified in the definition of ‘Your Data’;
    3. the categories of Data Subjects include your representatives, Users and any other individuals identified or identifiable by Your Data;
    4. your obligations and rights as Controller in relation to any Applicable Personal Data within Your Data are as set out in this Agreement and the MGPT; and
    5. the frequency of the data transfers are on a continuous basis for the duration of the Agreement, unless otherwise expressly provided in the Agreement.
  5. Sub-processors. You acknowledge and agree that in connection with the provision of Workplace, Meta has contracted with the Workplace Subprocessors to act as its Sub-processors of Applicable Personal Data.